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Constitution (Fifty‑second Amendment) Act, 1985

7 judgments · newest first · showing 1–7

PADI KAUSHIK REDDY ETC.versusTHE STATE OF TELANGANA AND OTHERS ETC.

2025 INSC 912Appeal(s) allowed

Three BRS MLAs who were elected to the Telangana Legislative Assembly joined the INC, prompting two other BRS MLAs to file disqualification petitions under the Tenth Schedule. The Speaker delayed issuing notices for over seven months, leading the petitioners to approach the High Court, which only …

SUBHASH DESAIversusPRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA & ORS.

2023 INSC 516Disposed off

After the 2019 Maharashtra elections a coalition government (MVA) led by Uddhav Thackeray collapsed in mid‑2022 when the Shiv Sena split into two factions headed by Thackeray and Eknath Shinde. The Governor, relying on letters from opposition leaders and a resolution of 34 Shiv Sena MLAs, directed …

UNION OF INDIAversusRAJENDRA N. SHAH AND ANOTHER

2021 INSC 340Disposed off

The Union of India challenged the Constitution (Ninety‑Seventh Amendment) Act, 2011 which inserted Part IXB (Arts.243ZH‑243ZT) on cooperative societies, arguing that it curtails the exclusive legislative power of States under Entry 32, List II and therefore required ratification by at least half of …

SRI RAJENDRA SINGH RANA AND ORS.versusSWAMI PRASAD MAURYA AND ORS.

2007 INSC 139Disposed off

In 2003, thirteen Uttar Pradesh MLAs elected on the Bahujan Samaj Party (BSP) ticket met the Governor and asked him to invite the Samajwadi Party to form the government, thereby voluntarily relinquishing their BSP membership. The BSP leader filed a petition under Article 191 read with paragraph 2 of …

RAVI S. NAIK AND SANJAY BANDEKAR AND ANR.versusUNION OF INDIA AND ORS.

1994 INSC 57Dismissed

The case concerned disqualification of members of the Goa Legislative Assembly under Article 191(2) read with the Tenth Schedule. Bandekar and Chopdekar were disqualified for allegedly having voluntarily given up their MGP membership, while Naik was disqualified on similar grounds after claiming a …

KIHOTO HOLLOHANversusZACHILLHU AND OTHERS

1991 INSC 287Disposed off

The Supreme Court heard a batch of petitions challenging the constitutionality of the Constitution (Fifty‑Second Amendment) Act, 1985, which inserted the Tenth Schedule (anti‑defection law). The key disputes were whether Paragraph 7 of the Schedule, which bars all courts from hearing any matter …