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Published in:

Volume 5 Issue 12
December-2018
eISSN: 2349-5162

Unique Identifier

JETIR1812B89

Page Number

712-718

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Title

Judicial Interpretation of the Anti-Defection Law: A Review

ISSN

2349-5162

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"Judicial Interpretation of the Anti-Defection Law: A Review", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.5, Issue 12, page no.712-718, December-2018, Available :http://www.jetir.org/papers/JETIR1812B89.pdf

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Abstract

Introduction The Tenth schedule of the Constitution of India was added with an objective to counter the evil of political defections. Many members for personal considerations and for political reasons frequently were changing party loyalty by crossing the floor. Many coalition Government did not succeed in the long run as legislators by switching sides from one party to another toppled existing Government. It was at this moment of need to save democracy then Government headed by Sri. Rajiv Gandhi decided to insert Tenth schedule to the Constitution of India. Election law even though can’t be enforced as that of contract law but still the pledge made by the party before the electorate as to be followed by the successful candidate in election. Hence he should remain loyal throughout to his party and abide by party discipline and directions given from time to time. Instead if he defects, chooses to leave voluntarily the party from which he successfully contested and won, he must lose his membership also. Therefore the logic is that since party plays a vital role in election in getting their candidates elected, Anti-Defection law is a must to punish defecting members. Since Government is accountable to the House, stability of the government is very important and in turn members are accountable to their party and voters also. The disqualification of Nine dissident Congress MLAS in Uttarakand in the year 2016 and the disqualification of 18 AIADMK MLA’S by Tamilnadu Speaker as again become a topic of discussion among political circles. The Speaker’s power under the Anti-Defection law and the way it is exercised by Speaker of different Legislative assemblies need to be re-looked. This article discusses the principles set forth in various cases before various high courts and interpretation of various provisions by the apex Court under the Anti-Defection Law.

Key Words

Anti-Defection Law

Cite This Article

"Judicial Interpretation of the Anti-Defection Law: A Review", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.5, Issue 12, page no. pp712-718, December-2018, Available at : http://www.jetir.org/papers/JETIR1812B89.pdf

Publication Details

Published Paper ID: JETIR1812B89
Registration ID: 194458
Published In: Volume 5 | Issue 12 | Year December-2018
DOI (Digital Object Identifier):
Page No: 712-718
ISSN Number: 2349-5162

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Cite This Article

"Judicial Interpretation of the Anti-Defection Law: A Review", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.5, Issue 12, page no. pp712-718, December-2018, Available at : http://www.jetir.org/papers/JETIR1812B89.pdf




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