KIHOTA HOLLOHAN V. ZACHILHU & ORS.
- Anjali Baskar
- June 2, 2020
Content :
The following is a brief case analysis on Kihota Hollohan v. Zachilhu & Ors., AIR [1993 SC 412].This case is considered to be a landmark case on anti-defection laws in India vis-à-vis significance of this case revolves around questioning the constitutional validity of the 10th Schedule initiated by the Constitution (52nd Amendment) Act, 1985. This case has been read, summarized and analyzed broadly under the following heads: background of the case, facts of the case, issues raised, arguments of petitioners and respondents, legal aspects involved, comparison with few other nations, Indian precedents, critical overview, conclusions and suggestions. It was argued that the anti-defection law is against freedom of speech and expression, freedom of conscience and the right to dissent peacefully. The judgement focuses on Paragraph 6 (1), 6(2), 7 of the 10th Schedule and Articles 122 and 212 of the Indian Constitution. The Supreme Court, through this case, gave priority to freedom of choice than convenience.
