{"id":277567,"date":"2024-01-12T17:56:19","date_gmt":"2024-01-12T12:26:19","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=277567"},"modified":"2024-01-12T18:20:04","modified_gmt":"2024-01-12T12:50:04","slug":"on-speakers-powers-in-anti-defection-cases-the-speakers-court","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/on-speakers-powers-in-anti-defection-cases-the-speakers-court\/","title":{"rendered":"On Speaker’s Powers in Anti-Defection Cases \u2013 The Speaker\u2019s court"},"content":{"rendered":"

Source:<\/strong> This post on the Maharashtra Assembly Speaker’s ruling has been created based on the article \u201cThe Speaker\u2019s court\u201d<\/strong> published in \u201cThe Hindu\u201d<\/strong> on 12th <\/sup>January 2024.<\/p>\n

UPSC Syllabus Topic: <\/strong>GS Paper 2 Indian Polity – Salient features of the Representation of People\u2019s Act.<\/p>\n

News:<\/strong> The article discusses the recent Maharashtra Assembly Speaker’s ruling in the defection case related to Shiv Sena factions.<\/p>\n

A detailed article on Anti-Defection Law <\/strong>can be read here<\/a>.<\/p>\n

The recent decision by Maharashtra Assembly Speaker\u2019s ruling in the case of disqualification petitions by rival factions of the Shiv Sena has brought to attention the Presiding Officer\u2019s powers under the anti-defection law.<\/p>\n

According to the author, if decisions on defection disputes are in the hands of Speakers instead of an independent authority, political considerations will keep leading to unfair rulings.<\/p>\n

What was the Speaker\u2019s ruling in this case?<\/strong><\/h2>\n

Recognition of the Eknath Shinde Faction as Shiv Sena: <\/strong>The Speaker has ruled that there was no case to disqualify members of the Eknath Shinde or the Uddhav B. Thackeray (UBT) faction. It recognizes the Eknath Shinde faction as the \u2018real political party\u2019.<\/p>\n

No Violation of Whip: <\/strong>The Speaker declared that the appointee of the UBT faction ceased to be the authorized whip, and that the appointee of the Shinde group was the valid whip. Hence, there was no case of the Shinde loyalists violating any whip.<\/p>\n

What were the observations made by the Supreme Court earlier in this case?<\/strong><\/h2>\n
    \n
  1. The Speaker was wrong<\/strong> in recognising the Shinde faction\u2019s appointee as the party\u2019s whip<\/strong>.<\/li>\n
  2. No faction or group can argue that they constitute the original political party as a defence against disqualification on the ground of defection.<\/li>\n
  3. The percentage of members in each faction is irrelevant<\/strong> to the disqualification case (determining which faction is the real party being the relevant factor).<\/li>\n
  4. The Speaker may have to decide on which faction is the real party in this case of defection.
    \nFor this, the party constitution<\/strong> and leadership structure submitted to the Election Commission<\/strong> could be considered.<\/li>\n<\/ol>\n

    What are the legal remedies available against the Speaker\u2019s decision?<\/strong><\/h2>\n

    The UBT faction may now approach the Supreme Court again, on the grounds that the Speaker\u2019s decisions are against the Court\u2019s observations.<\/p>\n

    Question for practice:<\/strong><\/p>\n

    \u201cIf decisions on defection disputes are in the hands of Speakers instead of an independent authority, political considerations will keep leading to unfair rulings.\u201d Discuss.<\/p>\n","protected":false},"excerpt":{"rendered":"

    Source: This post on the Maharashtra Assembly Speaker’s ruling has been created based on the article \u201cThe Speaker\u2019s court\u201d published in \u201cThe Hindu\u201d on 12th January 2024. UPSC Syllabus Topic: GS Paper 2 Indian Polity – Salient features of the Representation of People\u2019s Act. News: The article discusses the recent Maharashtra Assembly Speaker’s ruling in… Continue reading On Speaker’s Powers in Anti-Defection Cases \u2013 The Speaker\u2019s court<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":true,"footnotes":""},"categories":[1230,1234],"tags":[212,225,10498],"class_list":["post-277567","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-polity-current-affairs","tag-gs-paper-2","tag-polity","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/277567","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\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=277567"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/277567\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=277567"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=277567"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=277567"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}