Judicial delay in Telangana High Court on crucial constitutional matter
New Delhi : The Telangana High Court, in a significant case concerning the violation of India’s anti-defection law under the Tenth Schedule of the Constitution, has once again adjourned the matter despite extensive arguments made by the petitioner, Dr. K.A. Paul, appearing in person. This marks the seventh time the petitioner has argued before the court, yet no decisive order has been passed, further delaying justice.
The petitioner has been consistently raising the issue of illegal defections by Members of the Legislative Assembly (MLAs) who contested from the Bharat Rashtra Samithi (BRS) and later defected to the Indian National Congress (INC) without facing disqualification—a blatant violation of constitutional and democratic principles. The anti-defection law, upheld by the Supreme Court in multiple landmark cases, mandates that defecting legislators should be immediately disqualified.
The continued adjournment of this critical case raises serious concerns about judicial accountability and the rule of law in India. The delay directly contradicts the fundamental principle that “Justice delayed is justice denied.” The petitioner cited past rulings, including the 1975 Allahabad High Court decision disqualifying Prime Minister Indira Gandhi and the 1998 Supreme Court ruling disqualifying 12 BSP MLAs, yet the court has failed to take decisive action.
The adjournment of such an urgent constitutional matter undermines public trust in the judiciary and threatens the democratic sovereignty of India. Across the world, in established democracies such as the United States, elected representatives cannot switch parties post-election without immediate consequences. However, in India, judicial inaction has allowed defecting legislators to continue holding office unlawfully for over a year in this matter and other matters for many years.
Dr. K.A. Paul has called upon the international legal community, democratic institutions, and human rights organizations to take note of this serious crisis in Indian democracy. He urges the Hon’ble Chief Justice of India Dr Khanna and the Supreme Court to intervene and ensure that the judiciary fulfills its duty to uphold constitutional principles without further delay.
The petitioner warns that continued judicial inaction will have long-term consequences for India’s democratic integrity and governance. He appeals to the people of India and the world to stand for justice, democracy, and the rule of law.
For further inquiries, contact:
kapaul747@yahoo.com
