{"id":193510,"date":"2022-07-01T20:41:26","date_gmt":"2022-07-01T15:11:26","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=193510"},"modified":"2022-07-01T20:41:26","modified_gmt":"2022-07-01T15:11:26","slug":"do-not-weaken-the-anti-defection-law","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/do-not-weaken-the-anti-defection-law\/","title":{"rendered":"Do not weaken the anti-defection law"},"content":{"rendered":"\n

News<\/strong>: The political crisis in Maharashtra again created the debate on anti-defection law. Further, the Supreme Court intervention gave undue advantage to the dissident legislators.<\/p>\n

What is anti-defection law?<\/h5>\n\n\n\n
Read here:\u00a0\u201cNominated members\u201d and \u201cAnti-defection Law\u201d in India<\/a><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Supreme Court of India has described the anti-defection law as \u201cconstitutional correctives against a legislatively perceived political evil of unprincipled defections induced by the lure of office and monitory inducements\u201d.<\/p>\n

Initially, there were two exceptions provided in the schedule which would exempt a legislator from disqualification.<\/p>\n

1)<\/strong> A split in their original political party resulted in the formation of a group of legislators. If the group consisted of one-third of such legislators of that party, they were exempted from disqualification.<\/p>\n

This exception was deleted<\/strong> from the schedule through the Constitution Amendment Act of 2003<\/strong> because of the frequent misuse of this provision.<\/p>\n

2)<\/strong> \u2018Merger\u2019 can be invoked when the original political party of a legislator merges with another party and not less than two-thirds of its legislators agree to such a merger.<\/p>\n

The ‘Merger’ exception contained in paragraph four of the schedule<\/a><\/strong> has been taken recourse to by a large number of legislators across States and even in Parliament to defect to the ruling party.<\/p>\n\n\n\n
Read more:\u00a0<\/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 judicial interventions on Anti-defection law-related issues?<\/b><\/h5>\n

Girish Chodankar vs The Speaker<\/strong>, Goa State Legislative the Bombay High Court held that the merger of two-thirds of Members of the Legislative Assembly is deemed to be the merger of the original party.<\/p>\n

In Ravi S. Naik vs Union of India (1994)<\/strong>, the Supreme Court clarified on voluntarily given up the membership of the party. The court had said, \u201can inference can be drawn from the conduct of a member that he has voluntarily given up the membership of the party to which he belongs.\u201d<\/p>\n

In Kihoto Hollohan<\/strong> case (1993) the court held that judicial review cannot be available prior to the making of a decision by the Speaker nor at an interlocutory stage of the proceeding. Giving longer time to the dissidents to submit replies is contrary to this decision.<\/p>\n\n\n\n
Must read:\u00a0Explained: Speaker\u2019s powers in a rebellion<\/a><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The law, though not perfect, is a serious attempt to strengthen the moral content of democracy. The nation expects better compliance of the law by the lawmakers. The anti-defection law needs to be strengthened and not weakened.<\/p>\n

Source<\/strong>: The post is based on the article\u00a0\u201cDo not weaken the anti-defection law\u201d <\/strong>published in\u00a0\u201cThe Hindu\u201d<\/strong>\u00a0on\u00a01st<\/sup> July 2022<\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"

News: The political crisis in Maharashtra again created the debate on anti-defection law. Further, the Supreme Court intervention gave undue advantage to the dissident legislators. What is anti-defection law? Read here:\u00a0\u201cNominated members\u201d and \u201cAnti-defection Law\u201d in India Supreme Court of India has described the anti-defection law as \u201cconstitutional correctives against a legislatively perceived political evil… Continue reading Do not weaken the anti-defection law<\/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-193510","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":1700779996,"cached_date":1702014439},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/193510","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=193510"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/193510\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=193510"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=193510"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=193510"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}