Legislator facing disqualification can’t attend floor test: Supreme Court

Source: The post is based on the article “Legislator facing disqualification can’t attend floor test: Supreme Court” published in The Hindu on 29th February 2023

What is the News?

According to the Chief Justice of India – if an MP or an MLA has caused a split in the party and, is facing disqualification under the anti-defection law due to that, he/she should not is allowed to participate in a floor test, which was caused by his own acts. Otherwise, it will defeat the very purpose of the Tenth Schedule.

What is Anti Defection Law?

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What is the Floor Test?

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What does the Constitution say on the role of the Governor in calling the Floor Test?

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What are the observations made by the Supreme Court?

Members of a House are bound by the whip, and any section of MLAs within a political party, which is part of a ruling coalition saying they don’t want to go with the alliance, will attract disqualification.

Hence, permitting a legislator whose actions caused a split in the party and who is liable to be disqualified for defection to attend a trust vote would amount to “legitimizing” a “constitutional sin”. This will defeat the very purpose of the Tenth Schedule.