20 July, 2020
5 Min Read
Anti Defection Law and Issues
GS-paper-2 Polity (PT-MAINS)
Recently, the 19 rebel MLAs of Rajasthan's ruling party (Congress) have filed a petition before the High Court challenging the disqualification notices issued to them by the Assembly Speaker under Anti Defection Law.
The disqualification notice was issued on MLAs’ absence from successive Congress Legislature Party (CLP) meetings and a “conspiracy to bring down the government”.
Rebel MLAs Arguments:
In their writ petition, citing violation of their freedom of speech and expression the legislators argued that they had neither given up their membership of the House nor did their failure to attend the two CLP meetings render them liable for disqualification on the ground of defection.
Therefore they challenged Clause 2(1)(a) of the Tenth Schedule of the Constitution, and the validity of the Rajasthan Assembly Members (Disqualification on the Grounds of Changing Party) Rules, 1989.
Clause 2(1)(a) of the Tenth Schedule states that a member may be disqualified “if he has voluntarily given up his membership” of a political party.
They also contended that they could not be disqualified merely for disagreeing with the decisions and policies of some leaders outside the Assembly.
Supreme Court's Ruling: The Supreme Court in the Kihoto Hollohan versus Zachillu and Others, 1992 has said that judicial review cannot be available at a stage prior to the making of a decision by the Speaker/Chairman.
Nor would interference be permissible at an interlocutory stage of the proceedings. The only exception for any interlocutory interference (decree or judgment) being cases of interlocutory disqualifications or suspensions which may have grave, immediate and irreversible repercussions and consequences. Therefore, Constitutional courts cannot judicially review disqualification proceedings under the Tenth Schedule (anti-defection law) of the Constitution until the Speaker or Chairman makes a final decision on merits.
Reason for Limited Role of Courts: The Bench explained that the reason for limiting the role of courts in ongoing defection proceedings is that the office of the Speaker is held in the highest respect and esteem in parliamentary traditions.
Judicial Review: It had said that even the scope of judicial review against an order of a Speaker or Chairman in anti-defection proceedings would be confined to jurisdictional errors, that is infirmities based on violation of constitutional mandate, mala fide actions and non-compliance with rules of natural justice.
Disqualification under the Tenth Schedule
Exceptions to the Disqualification on the Ground of Defection
Powers of Speaker with regard to Anti-Defection Law
Sun, Solar Missions & Solar Phenomenon Context: This topic is important for UPSE Prelims and Mains GS Paper3. Aurora An aurora also known as the polar lights or aurora polaris, is a natural light display in Earth's sky, predominantly seen in high-latitude regions (around the Arctic&nb
Changes in the Prompt Corrective Action norms for banks Context: This topic is important for UPSE GS Paper 3. What will commercial banks under scrutiny need to do to get out of the restrictions imposed by the central bank? The story so far: The RBI issued a notification on November 2 revising norms for commercial banks to be placed under t
Study on Countries’ commitment on Climate Change Context: This topic is important for UPSE GS Paper 3. The findings, while optimistic, come amidst the deliberations underway at Glasgow. How effective are climate change pledges made by countries in containing global warming? A study published Friday in the journal Science fin
About National Investment and Manufacturing Zones (NIMZ) The Government of India (GoI) has announced a National Manufacturing Policy, 2011, with the objective of enhancing the share of manufacturing in GDP to 25% within a decade and creating 100 million jobs. NIMZs are one of the important instruments to achieve it. As per the Policy, &ldqu
What is an International Financial Services Centre (IFSC)? An IFSC caters to customers outside the jurisdiction of the domestic economy. Such centres deal with flows of finance, financial products and services across borders. London, New York and Singapore can be counted as global financial centres.
Copyright© Aspire IAS Academy. All rights reserved. Powered by CLT Technologies & Edu-Publishers Private Limited.