Name of the Case : Kihoto Hollohan vs. Zachillhu
Year of Judgement : 1992
Popular Name : Defection case
Related Topic/ Issue : Validity of anti-defection law
Related Article/ Schedule : 368 & Tenth Schedule
Supreme Court Judgement:
- Paragraph 7 of the Tenth Schedule, inserted by the 52nd Amendment Act, 1985, was declared unconstitutional.
- The court found that Paragraph 7 violated Article 368(2) as it required ratification by at least half of the State Legislatures to exclude the jurisdiction of the Supreme Court under Article 136 and the High Courts under Article 226.
- However, the validity of the remaining part of the Tenth Schedule was upheld by the court.
