{"id":193072,"date":"2022-06-29T20:55:57","date_gmt":"2022-06-29T15:25:57","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=193072"},"modified":"2022-06-29T20:56:28","modified_gmt":"2022-06-29T15:26:28","slug":"the-essence-of-time-judicial-intervention-should-strengthen-anti-defection-law-not-undermine-it","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/the-essence-of-time-judicial-intervention-should-strengthen-anti-defection-law-not-undermine-it\/","title":{"rendered":"The essence of time – Judicial intervention should strengthen anti-defection law, not undermine it"},"content":{"rendered":"\n

News<\/strong>: Recently, The Supreme Court granted time until July 12 to dissident legislators in the Maharashtra Assembly to reply to the Deputy Speaker\u2019s notice under the anti-defection law. The political crisis in Maharashtra has brought focus back on the anti-defection law.<\/p>\n

What is anti-defection law?<\/h5>\n\n\n\n
Read more:\u00a0\u201cNominated members\u201d and \u201cAnti-defection Law\u201d in India<\/a><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
What are the concerns associated with the recent Judicial intervention?<\/h5>\n

In 1992, Kilhoto Hollohan vs Zachillhu case, a Constitution Bench, while upholding the validity of the anti-defection law, held that the Speaker\u2019s decision was subject to judicial review, albeit on limited grounds.<\/p>\n

The court also made it clear that this should take place after a final decision, and there can be no interim order, except if there is an interim disqualification or suspension.<\/p>\n

Since there is a specific bar on judicial intervention in disqualification proceedings at any stage prior to final adjudication under the Tenth Schedule, the present judicial intervention is creating ambiguity.<\/p>\n

Further, there are Court judgments that say compliance with natural justice is not based on the number of days given, but on whether sufficient opportunity was given before a decision.<\/p>\n\n\n\n
Read more: <\/strong>The success of anti-defection law in India and its relevance in multiparty parliamentary system<\/strong><\/a><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
What are the other constitutional challenges exposed in Maharashtra?<\/h5>\n

The dissidents sent a motion to get the Deputy Speaker removed. The Deputy Speaker rejected it, as he has to decide disqualification questions in the absence of a Speaker. The rejection has also been questioned in court, thus raising a jurisdiction question on the adjudicatory power of the Deputy Speaker.<\/p>\n

This shows that the Motions to remove a Presiding Officer are used as a ploy to circumvent disqualification proceedings.<\/p>\n

Based on a conclusion in Nabam Rebia (2016) that a Presiding Officer should not adjudicate any defection complaint while a motion for his own removal is pending.<\/p>\n\n\n\n
Read more: Ruchi Gupta writes: The crisis in Maharashtra shows the anti-defection law to be ineffective, even counterproductive<\/a><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

When defection is seen as a serious menace by the Constitution, the courts should contain them.<\/p>\n

Source<\/strong>: The post is based on the article\u00a0\u201cThe essence of time- Judicial intervention should strengthen anti-defection law, not undermine it\u201d <\/strong>published in \u201cThe Hindu\u201d<\/strong>\u00a0on\u00a029th<\/sup>\u00a0June 2022<\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"

News: Recently, The Supreme Court granted time until July 12 to dissident legislators in the Maharashtra Assembly to reply to the Deputy Speaker\u2019s notice under the anti-defection law. The political crisis in Maharashtra has brought focus back on the anti-defection law. What is anti-defection law? Read more:\u00a0\u201cNominated members\u201d and \u201cAnti-defection Law\u201d in India What are… Continue reading The essence of time – Judicial intervention should strengthen anti-defection law, not undermine it<\/span><\/a><\/p>\n","protected":false},"author":10311,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10498],"class_list":["post-193072","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704596447},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/193072","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10311"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=193072"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/193072\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=193072"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=193072"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=193072"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}