Supreme Court refuses to stay H.P. Assembly Speaker order disqualifying MLAs | Current Affairs | Vision IAS
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    Supreme Court refuses to stay H.P. Assembly Speaker order disqualifying MLAs

    Posted 19 Mar 2024

    2 min read

    • The MLAs were disqualified under anti-defection law for defying party's whip to be present in the House and vote in favour of government.

     

    • Anti-defection law deals with defection of members in Parliament or state legislatures.
    • Under it, a member could be disqualified if he:
      • voluntarily gives up the membership of political party or joins any other political party, 
      • votes or abstains from any voting contrary to directive circulated by political party.
        • However, if member has taken prior permission, or is condoned by Party within 15 days from such voting or abstention, he shall not be disqualified.
      • Independent candidate joins a political party after election. 
      • A nominated member if he joins any political party after six months from date of taking seat. 
    • Exemption: If, not less than two-thirds of members of legislature party have agreed to merge with other party they are exempted from disqualification.
    • Role of speaker: Chairman or Speaker of House have power in deciding cases pertaining to disqualification of members on ground of defection.
    • Issues: Mergers leading to mass defection, Wide power to the Speaker, curtails individual MP/MLAs freedom.

     

    SC Judgements

    • Kihoto Hollohon v. Zachilhu and ors (1992): Speaker, while deciding cases pertaining to defection, acts as a tribunal and his decisions are subject to the judicial review power of the high court and SC.
    • Ravi S Naik vs Union of India (1994): Voluntarily giving up membership does not necessarily mean that legislator needs to formally resign, as this can be inferred from member’s conduct as well.

     

    • Tags :
    • Anti-defection
    • 52nd Amendment
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