This document provides an overview of anti-defection laws in India. It defines defection as a member abandoning loyalty to their political party. Large scale defections after the 1967 elections affected legislative functioning and led to the 52nd amendment adding the 10th schedule on anti-defection. This lays out grounds for disqualification of defecting members of political parties or independents. It discusses related court cases and loopholes regarding splits, mergers and the status of expelled members.
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
● Article - 16 helps us to establish a welfare state. There are a lot of disadvantaged and backward classes is our society - who have faced discrimination since time immemorial and still led down because of social stigmas. Article - 16 also helps us to uplift these disadvantaged sections by giving them Equal Opportunities in Employment and Appointment.
● Article -16 deals with very important question of reservation.
● At the time of Constitutional Assembly Debate on Article - 16 ,
Dr. B.R. Ambedkar referred Reservation as “Compensatory Benefits”.
● Under Article -16, the guarantee against discrimination is limited to employment and appointment under the State.
● This right is available to citizens only.
● Article 15 is more general and deals with all cases of discrimination which do not fall under Article -16.
The constitution of India is considered to be the ‘General Will’ of the people of India. It is a document of immense importance.
It is not only is the basic law of the land but the living organic by which the other laws are to be created as per the requirement of the nation.
The life of a nation is dynamic, living, and organic its political, social and economic conditions are always subject to change.
Therefore, a constitution drafted in one era and in a particular circumstance may be found to be inadequate in another era in a different context.
It becomes necessary therefore to have machinery or some process by which the constitution may be adopted from time to time as per the contemporary needs of the nation. Such changes may be brought by different ways including formal method of amendment contained in Article 368 of the constitution. Article 368 of the constitution does not prescribe any express limitation upon the parliament’s amending power.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.
THIS PPT DESCRIBES THE AMENDMENT PROCEDURE OF THE INDIAN CONSTITUTION. WHICH INCLUDES TYPES OF AMENDMENTS IN THE INDIAN CONSTITUTION AND HOW THESE TYPES IMPLEMENTED.
What is Rajya Sabah. What are its powers, Functions and activities? How is it related with Lok Sabha? all the questions have been answered in the presentation.
Parliamentary privileges are special rights, immunities, exceptions enjoyed by the members of the two houses of Parliament and their committees. UPSC Exam preparation
● Article - 16 helps us to establish a welfare state. There are a lot of disadvantaged and backward classes is our society - who have faced discrimination since time immemorial and still led down because of social stigmas. Article - 16 also helps us to uplift these disadvantaged sections by giving them Equal Opportunities in Employment and Appointment.
● Article -16 deals with very important question of reservation.
● At the time of Constitutional Assembly Debate on Article - 16 ,
Dr. B.R. Ambedkar referred Reservation as “Compensatory Benefits”.
● Under Article -16, the guarantee against discrimination is limited to employment and appointment under the State.
● This right is available to citizens only.
● Article 15 is more general and deals with all cases of discrimination which do not fall under Article -16.
The constitution of India is considered to be the ‘General Will’ of the people of India. It is a document of immense importance.
It is not only is the basic law of the land but the living organic by which the other laws are to be created as per the requirement of the nation.
The life of a nation is dynamic, living, and organic its political, social and economic conditions are always subject to change.
Therefore, a constitution drafted in one era and in a particular circumstance may be found to be inadequate in another era in a different context.
It becomes necessary therefore to have machinery or some process by which the constitution may be adopted from time to time as per the contemporary needs of the nation. Such changes may be brought by different ways including formal method of amendment contained in Article 368 of the constitution. Article 368 of the constitution does not prescribe any express limitation upon the parliament’s amending power.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.
THIS PPT DESCRIBES THE AMENDMENT PROCEDURE OF THE INDIAN CONSTITUTION. WHICH INCLUDES TYPES OF AMENDMENTS IN THE INDIAN CONSTITUTION AND HOW THESE TYPES IMPLEMENTED.
What is Rajya Sabah. What are its powers, Functions and activities? How is it related with Lok Sabha? all the questions have been answered in the presentation.
Parliamentary privileges are special rights, immunities, exceptions enjoyed by the members of the two houses of Parliament and their committees. UPSC Exam preparation
HC sets aside disqualification of MLAs
The Patna High Court has set aside the Bihar Assembly Speaker’s November order, disqualifying four rebel MLAs on the grounds of “anti-party activities” and “voluntary surrender of membership.”
Background:
Four JD(U) MLAs were disqualified from Bihar Assembly for anti-party activities, including cross voting in Rajya Sabha election.
After the MLAs allegedly cross-voted during the Rajya Sabha by-poll in June last, the Speaker on November 1 terminated their membership and divested them of all facilities available to legislators.
The speaker had disqualified them under the provisions of Anti defection law.
The MLAs had challenged the ruling in the High Court.
HC’s observations:
Defection and dissent were not synonymous, and what the MLAs had done during the Rajya Sabha by-poll was “dissent, and it does not come under the anti-defection law.”
The MLAs had faith in the party and did not defect. Isolated act of dissent, and nothing further to add, cannot amount to voluntary surrender of membership.
The disqualification declaration requirement - Dai Durbridge - March 2015Browne Jacobson LLP
In this session Dai Durbridge explains what disqualification is and where it applies, who it applies to, who it doesn’t apply to, how you become disqualified, disqualification by association, and what you need to do.
MANUFACTURER OF PIPES IN TURKEY
Kuzeybor established in 2001, young and experienced staff with a company that has taken on a significant place in the global market. Our company holds many international certificates. Our main quality tests, internal pressure test, Density test, tensile test,tensile test, battery test, Impact test, hardness test ring RIM, transform and test and water absorption tests. In our factory, our employees has had a high level of educational training.
Steps in Research Process:
1. Formulating the Research Problem
2. Extensive Literature Review
3. Developing the objectives
4. Preparing the Research Design including Sample Design
5. Collecting the Data
6. Analysis of Data
7. Generalization and Interpretation
8. Preparation of the Report or Presentation of Results-Formal write ups of conclusions reached.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
ADR in criminal proceeding in Bangladesh with global perspective.
Anti defection laws
1. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
SUSHMA SOSHA PHILIP
ANTI-DEFECTION LAWS IN INDIA
2. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
DEFINITION OF ‘DEFECTION’
• Member of a party abandons loyalty towards
that party to support another party.
• Cambridge Dictionary -
“the act of leaving a country, political party,
etc. to go to another one”
3. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
HISTORY
• Constitution of India initially did not refer to
political parties
• No concept of multi-party system
• 1967 elections, Congress lost majority
• Resulted in large scale defections
• Aaya Ram, Gaya Ram syndrome
• Affected functioning of the legislature
4. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
AMENDMENT AS A SOLUTION
• 52nd
Amendment to remedy this situation
• Arts. 101, 102, 190 and 191 changed
• 10th
Schedule laid down process of
disqualification of defecting members
• Members of a Political Party
• Independent Members
• Nominated members
• The intention was never “to bring stability” to
governments.
5. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
DISQUALIFICATION
• Voluntary giving up of membership
• Votes/ does not vote contrary to party whip
• Exception: prior permission or condoned by party
within 15 days of abstention or voting
• Independent candidate joining party after election
• Nominated member joining party 6 months after
becoming an MLA
• Chairman/ Speaker decides on disqualification
• Disqualification is subject to judicial review
6. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
LOOPHOLES: SPLITS AND
MERGERS
• 91st
Amendment
• Before this amendment a split in the party was
recognized when 1/3rd
of its members defected
• Post-amendment, 2/3rd
defecting members
constitute a merger of parties
• Exception to defection when;
• Member of such merging party becomes a
member of the new political party
• Member of such merging party chooses to
function as a separate group
7. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CASES
Kihota Hollohon v. Zachilhu and Others (1993)
Issues:
Whether the 10th schedule curtails the freedom of speech and
expression and subvert the democratic rights of the elected
members in parliament and state legislatures.
Is granting finality to the decision of the Speaker/ Chairman is
valid?
Judgment:
On Issue 1:
The 10th schedule neither impinges upon the freedom of
speech and expression nor subverts the democratic rights of
elected members. The 10th schedule is constitutionally valid.
On Issue 2:
This provision is valid however High Courts and the Supreme
Court can exercise judicial review under the Constitution. But
the Judicial review should not cover any stage prior to the
making of a decision by the Speakers/ Chairmen.
8. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Ravi S Naik v. Union of India (1994)
Issue:
• Whether only resignation constitutes “voluntarily
giving up” membership of a political party.
Judgment:
• There is a wider meaning of the words
“voluntarily giving up membership”. The
inference can be drawn from the conduct of the
members also.
9. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• G. Vishwanathan v. Speaker, Tamil Nadu
Legislative Assembly (1996)
• Issue:
• If a member is expelled from old party and he joins
another party after being expelled, will it be
considered as having voluntarily given up his
membership?
• Judgment:
• Once a member is expelled, he is treated as
unattached member in the house but he continues
to be a member of the old party as per the Tenth
Schedule. If he joins a new party after being
expelled, he can be said to have voluntarily given
up membership of his old party.
10. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
GREY AREAS IN THE ANTI-
DEFECTION LAW
• What is the status in either House or Parliament or the State
Legislature of a Member who is expelled from the party which
set him/her up as a candidate for election?
• Will the provisions of the Tenth Schedule apply to such
Member?
• Was the view taken by the Supreme Court in G. Viswanthan’s
case in harmony with the provisions of Tenth Schedule?
• Since expelled members are not referred in Tenth Schedule,
was the decision in Viswanathan’s case a correct interpretation,
viz that the Members continue to belong to such a party which
had set them up as candidates in the election?
• Can it be said that when a Member of either House of
Parliament is expelled joins another political party or forms his
own party, that he had voluntarily given up his membership of
the party?
• What is the status of unattached member in either House of
Parliament?
11. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
SC’s REFUSAL TO CLARIFY
• 6 questions placed before Hon’ble Justices Altamas
Kabir and Cyriac Joseph in 2010
• Placed by politicans Amar Singh and Jaya Prada
• Hon’ble Justices Ranjan Gogoi, Arun Mishra and P.C.
Pant deliberated in 2016
• Decided not to issue clarification as the said
politicians were no longer part of the Rajya Sabha
• Implications on MP’s such as Sasikala – still obligated
to answer to party’s whip even after expulsion from
party
12. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
NEGATIVE IMPLICATIONS OF
THE CURRENT ANTI-DEFECTION
LAW:• It affects the independence of MPs/ MLAs.
• Constitution drafters didn’t intend to give the control of
members to political parties. Interestingly, it’s only in the
10th
schedule, which was included in 1985 that political
parties are mentioned in constitution. (Also chief whip).
• Many members speak up their mind and conviction –more
discussion and thus better debates and solutions in
parliament. Anti-defection law is against this.
• In a diverse country like India, members also represent their
constituencies. Hence, every member needs to be given
voice to give voice to all regions and sections of the
population.
• No incentive for MPs/MLAs to research and understand on
policies.
13. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONCLUSION
• Defection – negative impact – de-stabilizing government
• Current law against defection vague and too wide
• Curtails the expression of ideas and opinions of MPs
• Reforms to make the laws more conducive to free speech and
healthy debates
14. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THANK YOU