The court has differentiated the present case from the cases of Shankari Prasad Singh Deo v. Union of India and State of Bihar [2] and Sajjan Singh v. State of Rajasthan [3] that were relied upon to urge that there is no attraction to the clause (2) of the Article 368. What was the Kihoto Hollohan case? A constitutional challenge to the Tenth Schedule was settled by the apex court in Kihoto Hollohan.

Kihoto Hollohan vs Zachillhu And Others commonly referred as the case where the constitution bench of the Supreme Court analyzed in detail the various provisions of the 52nd amendment of the constitution which inserted a new schedule (tenth schedule) elaborating various provisions to protect the parties from defection. ... No.1 of 1964 (Keshav Singh's case… Equivalent citations: 1992 SCR (1) 686, 1992 SCC Supl. Nor would interference be permissible at an interlocutory stage of the proceedings said the Supreme Court. Kihoto Hollohan case referred as the case where the constitution bench of the Supreme Court analyzed in detail the various provisions of the 52nd amendment of the constitution which inserted Tenth schedule. Author: M Venkatachalliah. The Kihoto Hollohan Judgment The 1992 judgment of the Supreme Court in the Kihoto Hollohan versus Zachillu and Others has said that “judicial review cannot be available at a stage prior to the making of a decision by the Speaker/Chairman. Kihoto Hollohan vs Zachillhu And Others on 18 February, 1992. (2) 651. The law covering the disqualification of legislators and the powers of the Speaker in deciding such matters became part of the statute book in 1985 when the Tenth Schedule to the Constitution was adopted.

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