This article has been written by kommula vikram of Lloyd law college
Our Indian bureaucracy and legislative system runs through our politicians. Politician comes from the word “politics”. The word political comes from the Greek word politica, meaning ‘of, for or relating to citizens’, but according to the layman, our Indian politics are A swamp that never appears. Politicians make promises but never keep them. They work to enrich their lives and make people’s lives miserable. In the early post-independence period, it was very easy for elected members of the legislature to move from one party to another to pursue their ambitions, but considering Congress made an amendment in 1985, It resulted in the collapse of many governments. A law called the “Anti-Exile Act” that added a new schedule to our Constitution. Scheduled for H.X.
An anti-interest law whose primary purpose is to combat the “evil of political proselytism.” This law was passed shortly after Lieutenant. Say goodbye to Shuri. Rajiv Gandhi became the prime minister of a country with large powers. Without Rajiv Gandhi and his government’s unprecedented overwhelming majority, this law would not have passed. The law was passed to curb political turmoil, but with a growing hunger of legislators, a prominent fraternity of lawyers found it not a difficult task to find loopholes in this law, and they I used it to my advantage.
What is Anti-defection law?
Schedule X of our Constitution offers for Anti-defection law, it’s far as follows:
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1. Interpretation.—In this Schedule, until the context in any other case requires,—
( a ) ” House ” method e i t h e r H o u s e o f P a r l i a m e n t o r t h e L e g i s l a t i v e A s s e m b l y o r , a s t h e c a s e m a y b e , e i t h e r H o u s e o f t h e L e g i s l a t u r e o f a State ;
( b ) ” l e g i s l a t u r e p a r t y ” , i n r e l a t i o n t o a m e m b e r o f a H o u s e b e l o n g i n g t o a n y political p a r t y i n a c c o r d a n c e wi t h t h e p r o v i s i o n s o f paragraph 2 o r p a r a g r a p h 4 , m e a n s t h e g r o u % o n s i s t i n g o f a l l t h e m e m b e r s o f t h a t H o u s e f o r t h e t i m e b e i n g b e l o n g i n g t o t h a t p o l i t i c a l p a r t y i n a c c o r d a n c e w i t h t h e s a i d p r o v i s i o n s ;
( c ) ” o r i g i n a l p o l i t i c a l p a r t y ” , i n r e l a t i o n t o a m e m b e r o f a H o u s e , m e a n s t h e
p o l i t i c a l p a r t y t o w h i c h h e b e l o n g s f o r t h e p u r p o s e s o f s u b – p a r a g r a p h ( 1 ) o f
( d ) ” paragraph ” method a paragraph of t h i s Schedule .
2. Disqualification on floor of defection.—(1) Subject to the provisions of [Paragraphs 4 and 5], a member of a House belonging to any political celebration will be disqualified for being a member of the House—
( a ) if he has voluntarily given up his club of such political celebration ; or
( b ) if he votes or abstains from balloting in such House opposite to any path issued with the aid of using the political celebration to which he belongs or with the aid of using any man or woman or authority accredited with the aid of using it on this behalf s
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