Two recent observations of the Supreme Court have the potential of being a game changer in Indian politics, with regard to the power of the speaker in determining questions of defection resulting in the disqualification of a member of the legislature. These two observations are analysed and their significance in the anti-defection jurisprudence is assessed. The ubiquitous relationship between the anti-defection jurisprudence and the tenets of inner-party democracy needs to be understood, especially against the backdrop of recent political events where significant upheavals have taken place within party set-ups across the political spectrum.
On 23 July 2020, while disposing of a Special Leave Petition in the case of