Anti defection

Read More Vinayak Krishnan - November 27, Presently, there are around 40 state and central laws regulating different aspects of labour, such as resolution of industrial disputes, working conditions in factories, and wage and bonus payments. Over the years, some experts have This year, the government is yet to announce the The Ordinances restrain any investigation to be conducted against a judge,

Anti defection

What reforms are needed in Anti-defection law?

Anti defection

Historical Background Originally, the Constitution of India carried no reference to political parties and their existence. Since multi-party democracy had not evolved in s and early s, the heat of defections and their implications were not felt.

Things however, changed after the elections. What happened in elections? Insome sixteen states had gone to polls. The Congress lost majority in them and was able to form government only in one state. This was the beginning of coalition Anti defection in India.

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This election also set off a large scale defections. Governments of many states, beginning from Haryana, collapsed.

Anti defection

The defectors were awarded with plum ministries in the governments, including Chief Ministership in Haryana. However, the issue was not addressed immediately.

It took further 17 years to pass the anti-defection law in The 52th amendment of the Constitution in inserted Anti defection schedule in the constitution with Provisions as to disqualification on ground of defection.

It laid down the process by which legislators may be disqualified on grounds of defection. As per this process, a member of parliament or state legislature can be disqualified on the following grounds: Members of a Political Party When voluntarily resigned from his party or disobeyed the directives of the party leadership on a vote.

However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified. Nominated Members Nominated members who were not members of a party could choose to join a party within six months; after that period, they were treated as a party member or independent member.

Exceptions If a person is elected as speaker or chairman then he could resign from his party, and rejoin the party if he demitted that post. No disqualification in this case.

A party could be merged into another if at least one-thirds of its party legislators voted for the merger. The law initially permitted splitting of parties, but that has now been made two-third.

As soon as this law was passed, it was met with severe oppositions on logic that it impinged on right to free speech of legislators. This PIL had challenged the constitutional validity of the law. But SC upheld the constitutional validity of 10th schedule.

Court also decided that the law does not violate any rights of free speech or basic structure of the parliamentary democracy. However, Supreme Court also made some observations on Section 2 1 b of the Tenth schedule.

The 91st Constitutional Amendment Act,changed this. The 91st Amendment also makes it mandatory for all those switching political sides — whether singly or in groups — to resign their legislative membership.

They now have to seek re-election if they defect. Voluntarily gives up the membership of his political party, or Votes, or does not vote in the legislature, contrary to the directions of his political party.

If an independent candidate joins a political party after the election. If a nominated member joins a party six months after he becomes a member of the legislature. Power to Disqualify The Chairman or the Speaker of the House takes the decision to disqualify a member.

If a complaint is received with respect to the defection of the Chairman or Speaker, a member of the House elected by that House shall take the decision.Anti-defection law the challenges The object of Anti-defection law was to bring down the political defections but due to ever increasing political dishonesty and corruption this law never evolved properly and now the question is that whether achieving the goals of this law is a reality or a myth?

[Edit 3/ I no longer endorse all the statements in this document. I think many of the conclusions are still correct, but especially section 1 is weaker than it should be, and many reactionaries complain I am pigeonholing all of them as agreeing with Michael Anissimov, which they do .

defence - Translation to Spanish, pronunciation, and forum discussions. he campaign for the repeal of the Corn Laws was led by the Anti-Corn-Law League (ACLL) and was closely modelled on that of the Catholic Association led by Daniel O' ACLL published pamphlets, employed peripatetic speakers and held public meetings.

They had a very busy headquarters in Manchester where they kept copies of the electoral registers and produced their propaganda. Anti-defection law is strange as it results in an inconsistent situation that elected members are more restricted tin the exercise of their right of speech through voting in the house than an ordinary citizen's right to speech outside the House.

The term anti-defection law has been tossed around since the election fever set in. Party members from the Congress have been shifting their allegiance to BJP and .

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