Q. Is the right to vote a fundamental right? Discuss the position of the Election Commission of India while undertaking the revision of electoral rolls. Can it also examine the question of citizenship of voters?

Model Answer: 

The Speaker’s sole adjudicatory authority under the Tenth Schedule has exposed this constitutional office to partisan pressures, undermining legislative impartiality.

Vulnerabilities Under Anti-Defection Regime

• Discretionary Delays: Absence of time limits enables selective inertia, often protecting ruling-coalition defectors (Keisham Meghachandra Case, 2020).
• Conflict of Interest: Retaining active party links while functioning as a quasi-judicial tribunal breaches procedural neutrality (Kihoto Hollohan, 1992).
• Subversion of Mandates: Partisan adjudication facilitates political instability through engineered defections and weaponised resignations (Nabam Rebia Case, 2016).

Institutional Reforms for Neutrality

• Independent Tribunal: Transfer Tenth Schedule adjudication from the Speaker to an independent tribunal headed by retired judges (Supreme Court recommendation).
• ECI-Led Adjudication: Vest disqualification powers in the President acting on binding Election Commission advice (2nd ARC; Law Commission 255th Report).
• UK Convention: Adopt the rule of “Once a Speaker, always a Speaker”, requiring formal resignation from political party upon election.
• Statutory Timelines: Enforce a strict 3-month outer limit to decide defection petitions.

Depoliticising the Speaker’s adjudicatory role is imperative to uphold constitutional morality and preserve the integrity of a polarised Parliament.