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Posted 19 Mar 2024

2 min read

  • The MLAs were disqualified under anti-defection law for defying party's whip to be present in the House and vote in favour of government.

 

  • Anti-defection law deals with defection of members in Parliament or state legislatures.
  • Under it, a member could be disqualified if he:
    • voluntarily gives up the membership of political party or joins any other political party, 
    • votes or abstains from any voting contrary to directive circulated by political party.
      • However, if member has taken prior permission, or is condoned by Party within 15 days from such voting or abstention, he shall not be disqualified.
    • Independent candidate joins a political party after election. 
    • A nominated member if he joins any political party after six months from date of taking seat. 
  • Exemption: If, not less than two-thirds of members of legislature party have agreed to merge with other party they are exempted from disqualification.
  • Role of speaker: Chairman or Speaker of House have power in deciding cases pertaining to disqualification of members on ground of defection.
  • Issues: Mergers leading to mass defection, Wide power to the Speaker, curtails individual MP/MLAs freedom.

 

SC Judgements

  • Kihoto Hollohon v. Zachilhu and ors (1992): Speaker, while deciding cases pertaining to defection, acts as a tribunal and his decisions are subject to the judicial review power of the high court and SC.
  • Ravi S Naik vs Union of India (1994): Voluntarily giving up membership does not necessarily mean that legislator needs to formally resign, as this can be inferred from member’s conduct as well.

 

  • Tags :
  • Anti-defection
  • 52nd Amendment
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