essay writer uk

SC refuses to clarify grey areas in Anti-defection law

Supreme Court refused to answer the queries whether a lawmaker expelled by a political party can be tried for Anti-defection Act for defying a party whip even after their expulsion or not.

The petition was filed by Amar Singh and Jaya Prada, the then expelled MPs of Samajwadi Party 6 years ago in 2010.

The issue remained unresolved. The honorable judges decided that the question were not worth their attention as both Mr. Singh and Ms. Jaya Prada are no longer Rajya Sabha MPs.

As per the interpretation of the Anti-defection law by the Supreme Court in G Viswanathan versus Hono’ble Speaker, Tamil Nadu State Assembly in 1996, a member elected or nominated by a political party continues to be under its control even after his or her expulsion and failure to adhere to it would result in his/her disqualification from the House.

Anti-defection Act: Key points

  1. A member can be disqualified in two circumstances
  • If he/she has voluntarily given up his/her membership of such political party ; or
  • If he/she votes or abstains from voting in such House contrary to any direction issued by the political party
  1. Disqualification under the act
  • If a member of a political party gives up his/ her membership of such political party
  • If a member of a political party votes or abstains from voting against the directives of that political party
  • If a nominated member joins any political party after the expiry of six months from the date on which he/ she takes his/ her seat.
  • An elected member, who is elected otherwise, joins any political party after such election
Please follow and like us:
100
error: Content is protected !!