Tenth Schedule and BSP's Whip to MLAs: A Politico-legal Debate at Core of Rajasthan Power Tussle
4 years, 5 months ago

Tenth Schedule and BSP's Whip to MLAs: A Politico-legal Debate at Core of Rajasthan Power Tussle

News 18  

The Tenth Schedule of the Constitution, or the anti-defection law, is currently at the core of the political crisis in Rajasthan. Late on Sunday evening, BSP national general secretary Satish Mishra issued a whip on the party’s behalf asking six MLAs in Rajasthan to vote against the Ashok Gehlot government in the Assembly. The Speaker had accepted the merger under the Tenth Schedule of the Constitution or the anti-defection law although it was subsequently challenged by the BSP in the office of the Election Commission of India. On Monday, a petition against the merger of BSP MLAs into Congress was moved before the Rajasthan High Court by BJP MLA Madan Dilawar, although it was dismissed later. Besides, there is a precedent of merger of lawmakers of national parties merging with another national party – the merger of Congress MLAs in Goa into the BJP, for instance.

Rajasthan Constitution National Party Schedule Bjp Bsp Mishra Nda Merger Tenth Whip Tenth Schedule Congress Mlas  tussle  merger  schedule  bsp  congress  mlas  party  political  debate  politicolegal  national  tenth  power  core  rajasthan  whip

History of this topic

Speaker’s view on 10th schedule open to challenge: Experts
11 months, 4 weeks ago

Speaker’s view on 10th schedule open to challenge: Experts

Hindustan Times  

Mumbai: Maharashtra assembly speaker Rahul Narwekar’s verdict on Wednesday in a batch of petitions filed by the two factions of the Shiv Sena seeking disqualification of rival camp’s legislators may open a new chapter in the Sena vs Sena tussle, according to legal experts, who opined that the speaker’s interpretation of the Tenth Schedule of the Constitution can be challenged …

Anti Defection Law | Bombay HC Seeks Attorney General's Reply On PIL Against Disqualification Protection To MP/MLAs In Event Of Political Parties Merger
1 year ago

Anti Defection Law | Bombay HC Seeks Attorney General's Reply On PIL Against Disqualification Protection To MP/MLAs In Event Of Political Parties Merger

Live Law  

The Bombay High Court on Wednesday issued notice to the Attorney General of India PIL challenging the exception from disqualification granted to MPs and MLAs under the anti-defection law in the event of their political party merging with another. The PIL challenges the exception to legislators from “disqualification on ground of defection” in case of merger of political parties. The …

Defection Cases Have Decreased 'Substantively' Post 'Tenth Schedule' Implementation, No Need To Amend It: Centre
2 years ago

Defection Cases Have Decreased 'Substantively' Post 'Tenth Schedule' Implementation, No Need To Amend It: Centre

Live Law  

The Union Law Minister Kiren Rijiju on Thursday informed Rajyasabha that there has been a "substantive decrease" in defection cases after the insertion of the tenth schedule in the constitution and there is no need to amend the same as it has stood the test of time.The Union Law Minister was responding to a query raised by Rajyasabha MP from …

BSP MLAs Disqualification: Plea In Supreme Court Against Rajasthan HC's Refusal To Stay Rajya Sabha Election Result
2 years, 7 months ago

BSP MLAs Disqualification: Plea In Supreme Court Against Rajasthan HC's Refusal To Stay Rajya Sabha Election Result

Live Law  

A Special Leave Petition has been filed before the Apex Court, assailing the order of the Rajasthan High Court refusing to stay the declaration of Rajya Sabha Election results till the disposal of a PIL pertaining to disqualification of the six MLAs in the state. Six MLAs of the BSP, who were elected to the State Assembly in December, 2018 …

SC Issues Notice On BSP's Challenging Rajasthan HC's Refusal To Stay Speaker's Approval Of Merger of 6 BSP MLAs With Congress
4 years ago

SC Issues Notice On BSP's Challenging Rajasthan HC's Refusal To Stay Speaker's Approval Of Merger of 6 BSP MLAs With Congress

Live Law  

The Supreme Court on Thursday issued notice in a plea filed by Bahujan Samaj Party against a judgement of the Rajasthan High Court and an order passed by the Speaker of the Legislative Assembly, wherein the former held that the Speaker's order was an administrative and not an order adjudicating the claim of merger. The SLP was filed against the …

SC will hear pleas against high court order on six BSP Rajasthan MLAs joining Congress on 7 Jan
4 years ago

SC will hear pleas against high court order on six BSP Rajasthan MLAs joining Congress on 7 Jan

Firstpost  

New Delhi: The Supreme Court on Monday said it would hear on 7 January the appeals of Bahujan Samaj Party and BJP MLA Madan Dilawar against the Rajasthan High Court order asking the Assembly Speaker to decide within three months a disqualification petition against all the six BSP MLAs ‘merging’ with the ruling Congress party. On 24 August, the high …

SC Disposes of BJP Leader's Plea Against Merger of 6 BSP MLAs of Rajasthan Assembly with Congress
4 years, 4 months ago

SC Disposes of BJP Leader's Plea Against Merger of 6 BSP MLAs of Rajasthan Assembly with Congress

News 18  

The Supreme Court Monday disposed of as "infructuous" a BJP MLA's plea seeking stay on Rajasthan Speaker's decision, which allowed six BSP MLAs to merge with the Congress, in view of the High Court order. He said the high court has asked the Speaker to decide on merit, the plea against the merger of six BSP MLAs with the ruling …

Rajasthan Politics : SC Dismisses Plea Challenging BSP-Congress Merger As Infructuous After Rajasthan HC Decision
4 years, 4 months ago

Rajasthan Politics : SC Dismisses Plea Challenging BSP-Congress Merger As Infructuous After Rajasthan HC Decision

Live Law  

The Supreme Court dismissed the case pertaining to the plea challenging Rajasthan High Court's refusal to stay Rajasthan Speaker Dr. CP Joshi's decision approving the merger of six Bahujan Samaj Party MLAs with Indian National Congress as infructuous on the grounds that the Rajasthan HC had given a decision. Senior Advocate Kapil Sibal, appearing on behalf of Rajasthan Speaker Dr. …

Rajasthan Politics: SC Adjourns Plea Against BSP-Congress merger To August 24
4 years, 4 months ago

Rajasthan Politics: SC Adjourns Plea Against BSP-Congress merger To August 24

Live Law  

The Supreme Court on Monday adjourned the case pertaining to the plea challenging Rajasthan High Court's refusal to stay Rajasthan Speaker Dr. CP Joshi's decision approving the merger of six Bahujan Samaj Party MLAs with Indian National Congress to August 24.Senior Advocate Satya Pal appearing for the Petitioner BJP MLA Madan Dilawar urged a bench of Justices Arun Mishra, BR. …

Rajasthan Politics: BSP MLAs Withdraw Transfer Plea; SC Adjourns Hearing On BJP MLA's Challenge Against Congress-BSP Merger Till Aug 13
4 years, 4 months ago

Rajasthan Politics: BSP MLAs Withdraw Transfer Plea; SC Adjourns Hearing On BJP MLA's Challenge Against Congress-BSP Merger Till Aug 13

Live Law  

Supreme Court has adjourned the SLP Filed by BJP MLA Madan Dilawar, challenging the Rajasthan High Court's refusal to stay Rajasthan Speaker Dr. CP Joshi's decision approving the merger of six Bahujan Samaj Party MLAs with Indian National Congress. Additionally, Advocate Amit Pai has withdrawn the transfer petition filed on behalf of the six BSP MLAs seeking to transfer the …

Rajasthan Political Crisis: SC To Hear Tomorrow BJP MLA's Plea Against Speaker Approving BSP-Congress Merger
4 years, 5 months ago

Rajasthan Political Crisis: SC To Hear Tomorrow BJP MLA's Plea Against Speaker Approving BSP-Congress Merger

Live Law  

The Supreme Court will hear tomorrow the SLP filed by BJP MLA Madan Dilawar, challenging Rajasthan High Court's refusal to stay Rajasthan Speaker Dr. CP Joshi's decision apporoving the merger of six Bahujan Samaj Party MLAs with Indian National Congress. He further brought up the aspect that while Dilawar's plea was dismissed was the High Court, the six MLAs had …

Will legal stay on BSP MLAs' merger with Congress derail Gehlot government?
4 years, 5 months ago

Will legal stay on BSP MLAs' merger with Congress derail Gehlot government?

India Today  

On August 8, six BSP MLAs, who had last September merged with the ruling Congress in Rajasthan and helped secure the Ashok Gehlot government, moved the Supreme Court and sought transfer there of a petition filed in the Rajasthan High Court against their defection. The development in the matter, which is getting increasingly entangled in a legal quagmire, came within …

Challenge Against BSP-Congress Merger : Rajasthan HC Asks District Judge, Jaisalmer To Ensure Service Of Notice To BSP MLAs
4 years, 5 months ago

Challenge Against BSP-Congress Merger : Rajasthan HC Asks District Judge, Jaisalmer To Ensure Service Of Notice To BSP MLAs

Live Law  

The Rajasthan High Court on Thursday directed the District Judge, Jaisalmer to give necessary assistance to ensure service of notice before August 8 on 6 BSP MLAs in the petitions challenging the merger of the state unit of BSP with Congress party.A division bench comprising Chief Justice Indrajit Mahanty and Justice Prakash Gupta added that the District Judge can seek …

Rajasthan HC Issues Notice to Speaker on Issue of Merger of Six BSP MLAs with Congress
4 years, 5 months ago

Rajasthan HC Issues Notice to Speaker on Issue of Merger of Six BSP MLAs with Congress

News 18  

The Rajasthan High Court on Wednesday issued notice to the state assembly speaker on a set of appeals filed by BJP MLA Madan Dilawar and BSP national secretary Satish Mishra on the issue of merger of six BSP MLAs with the Congress. The duo approached the division bench of the high court on Tuesday with an appeal against the order …

Rajasthan political crisis | High Court sends notices to Speaker, 6 BSP MLAs who joined Congress
4 years, 5 months ago

Rajasthan political crisis | High Court sends notices to Speaker, 6 BSP MLAs who joined Congress

The Hindu  

The Rajasthan High Court on July 30 issued notices to the Speaker and six MLAs who contested elections on Bahujan Samaj Party tickets and then merged with the Congress. The court issued the notices while hearing a petition filed by the BSP against the merger of the MLAs into Rajasthan’s ruling party. In September 2019, the entire group of BSP …

Rajasthan HC Begins Hearing Plea Against Merger of Six BSP MLAs With Congress Govt
4 years, 5 months ago

Rajasthan HC Begins Hearing Plea Against Merger of Six BSP MLAs With Congress Govt

News 18  

The Rajasthan high court on Wednesday began hearing a plea by BJP MLA Madan Dilawar, challenging the state assembly's Speaker decision to reject his complaint against the induction of six BSP MLAs to the Congress. While starting the hearing on the BJP MLA's plea, Justice Goyal also tagged with it a BSP petition challenging the Speaker's order allowing the merger …

BJP MLA Moves Rajasthan HC Challenging Speaker's Decision Permitting Merger Of Six BSP MLAs With Congress [Read Petition]
4 years, 5 months ago

BJP MLA Moves Rajasthan HC Challenging Speaker's Decision Permitting Merger Of Six BSP MLAs With Congress [Read Petition]

Live Law  

BJP MLA Madan Dilawar has filed a fresh petition before the Rajasthan High Court, challenging the Speaker's decision rejecting his complaint against merger of six BSP MLAs with Congress. He has submitted that since the six MLAs "voluntarily gave up their membership" of the BSP, on whose ticket they were elected, and also because they have now joined the Congress …

Mayawati to move SC against BSP-Congress merger in Rajasthan
4 years, 5 months ago

Mayawati to move SC against BSP-Congress merger in Rajasthan

Live Mint  

The Rajasthan government under chief minister Ashok Gehlot is fast losing its alliance members and numbers in the assembly, raising doubts about the stability of the state government which came under threat on Tuesday. After the rebellion by former deputy chief minister Sachin Pilot and 18 other Congress members of the legislative assembly, Bahujan Samaj Party chief Mayawati came down …

What the Tenth Schedule signifies | Analysis
4 years, 5 months ago

What the Tenth Schedule signifies | Analysis

Hindustan Times  

Recent events in Rajasthan have brought renewed focus on the Tenth Schedule and the scheme enshrined in that constitutional provision governing the disqualification of legislators who cross party lines. The tenth schedule is premised on a recognition of the political party as the fulcrum of the polity The Tenth Schedule, originally inserted in the Indian Constitution in 1985, has a …

Rajasthan BJP MLA Files 2 Fresh Pleas in HC against Speaker Decision on BSP MLAs Joining Congress
4 years, 5 months ago

Rajasthan BJP MLA Files 2 Fresh Pleas in HC against Speaker Decision on BSP MLAs Joining Congress

News 18  

Rajasthan BJP MLA Madan Dilawar on Tuesday filed two writ petitions challenging the assembly Speaker's decision to reject his complaint against the merger of six BSP MLAs with the Congress. The first petition was filed this morning against a communication received from the assembly secretariat Monday that the complaint has been decided and rejected by the Speaker, the counsel for …

Ready to Go to SC Over BSP MLAs' Merger to Teach Congress a Lesson: Mayawati on Rajasthan Slugfest
4 years, 5 months ago

Ready to Go to SC Over BSP MLAs' Merger to Teach Congress a Lesson: Mayawati on Rajasthan Slugfest

News 18  

Bahujan Samaj Party supremo Mayawati on Tuesday came down heavily on the Ashok Gehlot government in Rajasthan, accusing them of merging six BSP MLAs with the Congress “unconstitutionally” and warning that she would approach the Supreme Court to teach the Grand Old Party a “lesson”. Mayawati added, “BSP could have gone to the court earlier too but we were looking …

BJP MLA files fresh petition in Rajasthan HC against 6 BSP MLAs' merger in Congress
4 years, 5 months ago

BJP MLA files fresh petition in Rajasthan HC against 6 BSP MLAs' merger in Congress

India Today  

A second petition has been filed by the BJP against the six BSP MLAs who had merged with the Congress last year. A day after the first plea was junked by the Rajasthan High Court, Kota BJP MLA Madan Dilawar filed a new petition in the HC on Tuesday against the merger of the BSP MLAs into the Congress. The …

Rajasthan: BSP issues whip to 6 MLAs to vote against Congress
4 years, 5 months ago

Rajasthan: BSP issues whip to 6 MLAs to vote against Congress

Live Mint  

In a new twist to the unfolding political drama in Rajasthan, the BSP on Sunday issued a whip to the six MLAs, who had left the party to join the Congress last year, to vote against the ruling party in the state in case of a trust motion in the Assembly. In a statement, BSP General Secretary Satish Chandra Misra …

The Tenth Schedule In Rajasthan : Dissidence To Defection - The Dynamics Of Power
4 years, 5 months ago

The Tenth Schedule In Rajasthan : Dissidence To Defection - The Dynamics Of Power

Live Law  

Pilots episode of Rajasthan power politics raised the issue of freedom of speech verses restrictions on defection. Two parts of defection Political Defection has two parts – first is abandonment of loyalty towards one's own political party. In law, the debate, dissent and to differ from the opinion of majority is part of freedom of speech and expression generally and …

Big blow to BSP: All 6 MLAs in Rajasthan submit application for merger with Congress
5 years, 3 months ago

Big blow to BSP: All 6 MLAs in Rajasthan submit application for merger with Congress

India TV News  

In a major development, six MLAs of the Bahujan Samaj Party late on Monday gave a letter to the state assembly speaker to merge the legislative party with the Congress. MLAs Rajendra Singh Gudha, Jogendra Singh Awana, Wajib Ali, Lakhan Singh Meena, Sandeep Yadav and Deepchand said they were merging their legislative party with the Congress. "All the six BSP …

Karnataka trust vote: Supreme Court's order on political crisis in contradiction to 10th Schedule, writes constitutional lawyer
5 years, 5 months ago

Karnataka trust vote: Supreme Court's order on political crisis in contradiction to 10th Schedule, writes constitutional lawyer

Firstpost  

Critiquing the Supreme Court’s order on Karnataka political crisis, lawyer Gautam Bhatia argued that it is in violation of the Tenth Schedule. FOLLOW LIVE BLOG ON KARNATAKA TRUST VOTE Critiquing the Supreme Court’s order, lawyer Gautam Bhatia, who specialises in constitutional law, argued that the Wednesday order is in violation of the Tenth Schedule. Paragraph 2 of the Schedule says …

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