The injunctions on the Courts' power in Kihoto judgment must be read in the context of the judgment, which was dealing with the issue of crossing over : Rohatgi
Rohatgi reiterates that the object of 10th Schedule is to curb the evil of political defections caused by the lure of office. The entire emphasis in Kihoto judgment is on the evil of defection from one party to another, he adds.
Invocation of Tenth Schedule pre-supposes "crossing over". It has nothing to do with inner party dissent : Rohatgi
The Tenth Schedule was enacted in the backdrop of "aya ram gaya ram" phenomena to curb the evil the practice of crossing over. Kihoto judgment has to be understood in that context : Rohatgi
Senior Advocate Mukul Rohatgi starts submissions. Submits that the powers of HC under Article 226 are wide. The limitations on powers are self-imposed. The Court has wide power to reach out to injustice.