ANTI DEFECTION LAW: LINK WITH WEST BENGAL ELECTION

                            
●ANTI DEFECTION LAW
The ANTI DEFECTION LAW is the TENTH SCHEDULE OF INDIAN CONSTITUTION which enacted by the 52nd constitutional amendment act in 1985. The Anti Defection law came into effect on March 1, 1985. The anti defection law formulated to bring stability in the Indian political system. The Indian Political System have long history of Political defection. “AYA RAM GAYA RAM” famous slogan coined in 1967 when Haryana MLA Shifted his loyalty in three parties in single day. According to Anti defection law a member of a house belonging to any Political party can be disqualified if he voluntarily give up the membership of such political party or if they vote or abstain from voting in contrary to direction issued by their party's whip. But their is an exception in the Tenth schedule of the constitution. The exception is that when the 2/3rd of the legislature party merge with another party they will not disqualified. The remaining member continue to the representatives in the ordinary party. By the 91st amendment act Anti Defection Law amended in 2003 to remove the clause that give immunity if 1/3rd member of the party form separate group. This clause was misused and resulted in large scale defection and on the basis of this the provision of 1/3rd was removed and the new provision of 2/3rd member were added by 91st amendment.
The Tenth Schedule was inserted to prevent such political defection and it lays down the process by which legislative may be disqualified on ground of defection by the Presiding Officer.
●ANTI DEFECTION LAW: LINK WITH WEST BENGAL ELECTION
BHARATIYA JANATA PARTY use defection as a political device for Bengal upcoming election. In the past few years the MLAs of TRINAMOOL CONGRESS (TMC) switched over to BJP and the TMC is planning to take action to bring these MLAs under Anti- Defection Law.
A Senior TMC MLA Said “ We really don’t know what to do as bringing in anti defection against our seven MLAs, who have switched over to BJP, means it will also be applicable against 19 other MLAs from Congress and left front who have switched over to our party since assembly polls in 2016”. The BJP Legislative party leader MANOJ TIGGA also Said on bringing the anti defection on MLAs that “ They have no problem if TMC plans to prosecute its seven defeating MLAs under anti defection law but TMC also have to follow the suit and ensure the Congress and left front MLAs who had crossed over to it, have to resign.”
A few weeks before the Mithun chakraborty who was nominated to Rajya Sabha by the TMC in 2014 shared the stage with PM NARENDRA MODI and switched to BJP. The defection in West Bengal use as a run-up for the election and because of the political parties weakness they cannot bring these MLAs under Anti defection law.
                                                                                                 Submitted by: Nishita Verma
                                                                                                  INDO JURIS LEGAL (GROUP 9.2)
● REFERENCE
》https://en.m.wikipedia.org/wiki/Anti-defection_law_(India)
》https://www.prsindia.org/theprsblog/anti-defection-law-explained
》 https://www.newindianexpress.com/nation/2019/aug/22/tmc-in-a-fix-over-cracking-anti-defection-law-against-its-mlas-defecting-to-bjp-2022351.html
》https://frontline.thehindu.com/cover-story/defection-bjp-strategy-west-bengal-2021-assembly-elections/article33643202.ece


NISHITA VERMA

Comments

Post a Comment

Popular posts from this blog

DELAYED JUSTICE IN DEATH PENALTY

Image
Justice is rightly called the shield of innocence and guardian of civil rights, as Martin Luther King said, “injustice anywhere is threat to justice everywhere”.  Justice basically means being just, impartial, fair and right. Justice to the accused/convict is as important as justice to the victim. Capital punishment has been in talk in India and other countries as well. In 1982, in the Bachan Singh Vs State of Punjab, the Supreme Court propounded the “rarest of rare” doctrine and since then, life sentence is the rule and the death sentence the exception. Capital Punishment is awarded in cases related to rape, murder, terrorism and atrocity. In Law Commission of India’s report on Death Penalty in 2015, it was stated that there were 12 crimes under IPC and 22 other laws which prescribed death penalty. In 2019, the NDA government amended the POCSO Act in order to grant death penalty to those who indulge in aggravated sexual assault against children.  William Edward Gl...
Read more

THE SEBI-IBC RIFT

Image
 IBC is a consolidating act aiming to prevent delays. SEBI is a regulatory authority which was established by the SEBI act 1992 to protect the interest of investors and it has the power to encompass the stock exchange regulations. Recently IBC and SEBI has a rift over the issue of jurisdiction. SEBI was ordered by the NCLT to de-attach the property belonging to the corporate firm which was admitted in the corporate insolvency resolution process under IBC. As soon as SEBI came to know about this, they attached the assets of the corporate firm to compensate the investors under sections 11 and 11B of the act but in that time investors filled for the CIRP in NCLT against the company. Layman's CIRP definition "the corporate insolvency resolution process (CIRP) is a recovery mechanism given under the IBC to the creditors when the firm becomes insolvent". Thus property attached by SEBI should be de-attached because investors have already applied for the process o...
Read more

ABETMENT OF SUICIDE

Image
Introduction: The term 'abetment' refers to the instigation, conspiracy, or aiding in the commission of a crime in the context of suicide, it usually refers to the instigation of the person who has committed suicide. Abetment of suicide is defined under Section 107 of IPC, where as abetment is defined under Section 109 IPC and it is punishable under section 309 IPC. Legally, whether a death is a suicide or not is a factual determination, which means evidence must be evaluated to determine whether or not the death was a suicide. Suicide abettment is a cognizable, non-bailable, and non-compoundable. The crime of abetment of suicide has two main elements- 1. a suicide death, 2. the accused's intent to aid in such suicide. 3. involvement of the accused should be direct In case of M. Mohan v. The State,[1] it was held that there should be a direct link between the accused's actions and the act of committing suicide. It cannot be said that the accused instigated or intenti...
Read more