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How to disqualify a member on grounds of defection?
Who decides disqualification arising out of defection?
What are the grounds for disqualification?
Who decides a disqualification question?
The Tenth Schedule includes the following provisions with regard to the disqualification of MPs and MLAs on the grounds of defection: Grounds for disqualification: If an elected member gives up his membership of a political party voluntarily.
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Disqualification on ground of defection: A legislator belonging to a political party will be disqualified if he: (i) voluntarily gives up his party membership, or (ii) votes/abstains to vote in the House contrary to the direction issued by his political party.
Aug 9, 2024 · 2nd ARC: The issue of disqualification of members on the grounds of defection should be decided by the President/Governor on the advice of the Election Commission. Reducing the number of defections: The threshold for disqualification should be raised from one-third to two-thirds or three-fourths.
Chairman or the Speaker of the House have absolute power in deciding the cases pertaining to disqualification of members on the ground of defection. Though the law has succeeded in a reasonable way but due to some of its loopholes, it has not been able to achieve the best it can. .
Oct 21, 2023 · The decision on questions as to disqualification on ground of defection are referred to the Chairman or the Speaker of such House, which is subject to ‘Judicial review’. However, the law does not provide a timeframe within which the presiding officer has to decide a defection case.
Dec 6, 2017 · On Monday, December 4, the Chairman of Rajya Sabha disqualified two Members of Parliament (MPs) from the House under the Tenth Schedule of the Constitution (better known as the anti-defection law) for having defected from their party. [1] These members were elected on a Janata Dal (United) ticket.
The law laid out the process for disqualifying an elected member for the remaining term, who either resigned from, voted against the will of the belonging party or remained absent during voting on a crucial bill.
