Padi Kaushik Reddy v. State of Telangana 2025 INSC 912 - Speaker - Disqualification Plea
Constitution of India - Tenth Schedule and Article 136, 226,227 - The Speaker, while acting as an adjudicating authority in Paragraph 6(1) of the Tenth Schedule to the Constitution, acts as a Tribunal amenable to the jurisdiction of the High Court under Articles 226 and 227 of the Constitution and of this Court under Article 136 of the Constitution - The Speaker/Chairman, while acting as an adjudicating authority under Paragraph 6 of the Tenth Schedule to the Constitution does not enjoy the constitutional immunity as available either under Article 122 or 212 of the Constitution. (Para 100)
Constitution of India - Tenth Schedule - It is for the Parliament to consider whether the mechanism of entrusting the Speaker/Chairman the important task of deciding the issue of disqualification on the ground of defection, is serving the purpose of effectively combating political defections or not? If the very foundation of our democracy and the principles that sustain it are to be safeguarded, it will have to be examined whether the present mechanism is sufficient or not. (Para 94) With the experience of over 30 years of working of the Tenth Schedule to the Constitution, the question that we will have to ask ourselves is as to whether the trust which the Parliament entrusted in the high office of the Speaker or the Chairman of avoiding delays in deciding the issue with regard to disqualification has been adhered to by the incumbents in the high office of Speaker and the Chairman or not? We need not answer this question, since the facts of the various cases we have referred to hereinabove themselves provide the answer. (Para 73-74]
Constitution of India - Article 226,227 - The difference between the jurisdictional exercise under Article 227 of the Constitution and the jurisdiction of the High Court to issue a writ of certiorari under Article 226 of the Constitution is very thin - Referred to Surya Devi Rai v. Ram Chander Rai. (Para 36)
Case Info
Case Name and Neutral Citation
- Case Name: Padi Kaushik Reddy & Ors. v. State of Telangana & Ors.
- Neutral Citation: 2025 INSC 912
Coram (Judges)
- B.R. Gavai, Chief Justice of India (CJI)
- Augustine George Masih, J.
Judgment Date
- Date of Judgment: July 31, 2025
Caselaws and Citations Referred
Constitution Bench and Other Supreme Court Judgments
- Kihoto Hollohan v. Zachillhu and Others
- 1992 Supp (2) SCC 651
- Rajendra Singh Rana and Others v. Swami Prasad Maurya and Others
- (2007) 4 SCC 270
- Subhash Desai v. Principal Secretary, Governor of Maharashtra and Others
- (2024) 2 SCC 719
- Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly and Others
- (2021) 16 SCC 503
- Sunil Prabhu v. The Speaker, Maharashtra State Legislative Assembly
- Writ Petition (C) No. 685 of 2023 (Orders dated 18th September 2023 and 30th October 2023)
- S.A. Sampath Kumar v. Kale Yadaiah and Others
- (2021) 16 SCC 528
- Surya Devi Rai v. Ram Chander Rai and Others
- (2003) 6 SCC 675
- Kshetrimayum Biren Singh v. Speaker, Manipur Legislative Assembly
- (2022) 2 SCC 759
- Shrimanth Balasaheb Patil v. Karnataka Legislative Assembly
- (2020) 2 SCC 595
- Speaker, Haryana Vidhan Sabha v. Kuldeep Bishnoi
- (2015) 12 SCC 381
- Speaker, Orissa Legislative Assembly v. Utkal Keshari Parida
- (2013) 11 SCC 794
- Jagjit Singh case
- (2006) 11 SCC 1 : (2006) 13 Scale 335
- Ravi S. Naik case
- 1994 Supp (2) SCC 641 : (1994) 1 SCR 754
Statutes / Laws Referred
- Constitution of India
- Article 191(2)
- Article 226
- Article 227
- Article 136
- Article 122
- Article 212
- Article 180
- Tenth Schedule (Anti-Defection Law)
- Members of Telangana Legislative Assembly (Disqualification on ground of Defection) Rules, 1986
- Rule 6(1)
- Rule 6(2)
- Rule 7
#SupremeCourt holds that the Speaker/Chairman, while acting as an adjudicating authority under Paragraph 6 of the Tenth Schedule to the Constitution does not enjoy the constitutional immunity as available either under Article 122 or 212 of the Constitution.
— CiteCase 🇮🇳 (@CiteCase) July 31, 2025
Therefore, it held… https://t.co/FZ5WKAwrHT pic.twitter.com/Z4yYGk7BXV
#SupremeCourt questions the very mechanism of entrusting disqualification matters to Speaker/Chairman ! https://t.co/FZ5WKAvTSl pic.twitter.com/eWwDgHoXxH
— CiteCase 🇮🇳 (@CiteCase) July 31, 2025
Finally “operation successful, patient died” made its entry to a #SupremeCourt judgment today ! https://t.co/FZ5WKAwrHT pic.twitter.com/nBgwP244Os
— CiteCase 🇮🇳 (@CiteCase) July 31, 2025
