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