Anti-Defection Law: Speaker's Role and Judicial Oversight.

Answer:

Yes, the Speaker falls under judicial jurisdiction for the following reasons:

Constitutional Mandate: The Speaker is subject to judicial oversight due to the constitutional mandate. They are required to adhere to the principles of the Anti-Defection Law, which is a constitutional provision. As a result, their decisions are subject to judicial review.

Checks and Balances: Our Constitution is designed with a system of checks and balances. By allowing the judiciary to scrutinize the Speaker’s decisions, it ensures that the law is applied impartially and in accordance with the constitutional framework.

Protection of Democracy: Subjecting the Speaker to judicial scrutiny safeguards the democratic process. This ensures that decisions related to defection are made transparently and without bias, ultimately preserving the integrity of our democratic institutions.

Constitutionality of Decisions: The Anti-Defection Law necessitates that the Speaker of an assembly or Lok Sabha must consider the constitutionality of decisions related to defection. This ensures that the law is upheld in accordance with the constitutional framework.

Due Process and Natural Justice: Speakers play a crucial role in upholding due process and principles of natural justice when dealing with defection cases. They are responsible for providing a fair hearing to the concerned members and ensuring that justice is served.

Function: In defection cases, the Speaker acts as a quasi-judicial tribunal, making decisions that impact the membership of elected representatives. This function makes them subject to the jurisdiction of the Apex Court to ensure the legality and fairness of their rulings.

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