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 PIL, filed by Meenakshi Menon, founder trustee of NGO Vanashakti, argues that Paragraph 4 of the 10th Schedule of the Constitution allows legislators to defect and breach their social contracts with the voters, who vote based on manifestos of political parties. The PIL contends that the anti-defection law's objectives, aiming to combat political corruption and administrative uncertainty, are thwarted due to alleged misuse of provisions permitting mergers.

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History of this topic

Ending defections: On politics in Telangana
6 months, 2 weeks ago

Ending defections: On politics in Telangana

The Hindu  

With the defection of MLA M. Sanjay Kumar, who represents the Jagtial constituency in Telangana, from the Bharat Rashtra Samithi to the ruling Congress, the strength of the principal Opposition has come down from 39 to 33 in the State Assembly. Despite winning 63 of the 119 Assembly seats, Telangana’s first Chief Minister, the BRS’s K. Chandrashekhar Rao, effected a …

The anti-defection law is failing in its purpose
1 year, 7 months ago

The anti-defection law is failing in its purpose

Hindustan Times  

In 1985, Parliament amended the Constitution in an apparent move to safeguard our democracy. The apex court, in its verdict, empowered the speaker to determine the real political party under the anti-defection law. More recently, in 2020, a two-judge bench of the apex court ruled, “Parliament may seriously consider amending the Constitution to substitute the speaker of the Lok Sabha …

A case that scans the working of the anti-defection law
1 year, 10 months ago

A case that scans the working of the anti-defection law

The Hindu  

A five-judge Bench of the Supreme Court of India is presently hearing a set of cases popularly known as the “Maharashtra political controversy cases”. The Deputy Speaker moved to disqualify the “rebels” who in turn moved the Court, arguing that there was a pending no-confidence motion against the Deputy Speaker, and therefore, as per the Supreme Court’s judgment in Nabam …

Breaking | Bombay High Court Dismisses PIL Against Vice President, Law Minister Over Remarks On Basic Structure Doctrine, Collegium System
1 year, 11 months ago

Breaking | Bombay High Court Dismisses PIL Against Vice President, Law Minister Over Remarks On Basic Structure Doctrine, Collegium System

Live Law  

The Bombay High Court on Thursday dismissed a PIL against the Vice President Jagdeep Dhankhar and Law Minister Kiren Rijiju for their constant public criticism of the judiciary’s ‘collegium system’ and remarks against the basic structure doctrine. Petitioner - the Bombay Lawyers Association sought to restrain them from discharging their duties claiming that the two have disqualified themselves from holding …

Anti-Defection Law : 2/3rds Of Legislature Party Is Sufficient For Valid Merger? Supreme Court To Decide In Goa MLAs Case
2 years, 1 month ago

Anti-Defection Law : 2/3rds Of Legislature Party Is Sufficient For Valid Merger? Supreme Court To Decide In Goa MLAs Case

Live Law  

The Supreme Cour will hear Goa Congress Chief Girish Chodankar's petition challenging the Bombay High Court's order upholding the Goa Legislative Assembly Speaker's order dismissing his petition seeking the disqualification of 12 Goa MLAs, after a year. This view is challenged on the ground that 2/3rds of the entire political party, instead of the legislature party, has to be taken …

Do not weaken the anti-defection law
2 years, 6 months ago

Do not weaken the anti-defection law

The Hindu  

The political developments in Maharashtra throw up troubling questions about how the political class is emasculating the anti-defection law which was described by the Supreme Court of India as “constitutional correctives against a legislatively perceived political evil of unprincipled defections induced by the lure of office and monitory inducements”. The second exception was ‘merger’ which can be invoked when the …

The anti-defection law — political facts, legal fiction
2 years, 6 months ago

The anti-defection law — political facts, legal fiction

The Hindu  

In the din of India’s electoral politics, floor crossing by legislators rarely goes out of public discourse. Paragraph 4 creates an exception for mergers between political parties by introducing three crucial concepts — that of the “original political party”, the “legislature party”, and “deemed merger”. Paragraph 4 is spread across two sub-paragraphs, a conjoint reading of which suggests that a …

It is time to strengthen the anti-defection law | Opinion
4 years, 5 months ago

It is time to strengthen the anti-defection law | Opinion

Hindustan Times  

The pell-mell in the Congress’ legislative arm in Rajasthan has again brought into focus the vulnerabilities of the anti-defection law. The anti-defection law, as it exists today, permits legislators with two-third strength of their legislature party to break free without losing memberships. It’s this leeway that’s exploited to alter the House arithmetic by balkanising smaller political outfits As opposed to …

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 …

When defection is a mere detour for an MLA
5 years ago

When defection is a mere detour for an MLA

The Hindu  

They defected, re-contested, and became members again, all in six months. The recurrence of this evil phenomenon led to the 1985 Anti-Defection Law, which defined three grounds of disqualification of MLAs — giving up party membership; going against party whip; and abstaining from voting. While the SC upheld the Speaker’s discretionary power, it underscored that the Speaker functioned as a …

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