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In , the Hyderabad High Court, refused to intervene after hearing a petition which alleged that there had been delay by the Telangana Assembly Speaker in acting against a member under the anti-defection law. The law does not specify a time-period for the Presiding Officer to decide on a disqualification plea.


What the Anti-Defection Law says

Given that courts can intervene only after the Presiding Officer has decided on the matter, the petitioner seeking disqualification has no option but to wait for this decision to be made. There have been several cases where the Courts have expressed concern about the unnecessary delay in deciding such petitions. There have also been instances where opposition members have been appointed ministers in the government while still retaining the membership of their original parties in the legislature.

In recent years, opposition MLAs in some states, such as Andhra Pradesh and Telangana, have broken away in small groups gradually to join the ruling party.

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In these scenarios, the MLAs were subject to disqualification while defecting to the ruling party in smaller groups. In Andhra Pradesh, legislators of the main opposition party recently boycotted the entire day assembly session. This boycott was in protest against the delay of over 18 months in action being taken against legislators of their party who have allegedly defected to the ruling party. Does the anti-defection law affect the ability of legislators to make decisions?

The anti-defection law seeks to provide a stable government by ensuring the legislators do not switch sides. However, this law also restricts a legislator from voting in line with his conscience, judgement and interests of his electorate. Such a situation impedes the oversight function of the legislature over the government, by ensuring that members vote based on the decisions taken by the party leadership, and not what their constituents would like them to vote for.

Political parties issue a direction to MPs on how to vote on most issues, irrespective of the nature of the issue.

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Several experts have suggested that the law should be valid only for those votes that determine the stability of the government passage of the annual budget or no-confidence motions. Viswanathan Vs. The results of General Election were declared last week concluding the process for electing the 17 th Lok Sabha.

Immediately after the results, the previous Lok Sabha was dissolved. The next couple of days will witness several key events such as swearing-in ceremony of the Prime Minister and Cabinet, and the first session of the 17 th Lok Sabha. In the first session, the newly elected MPs will take their oaths, the Speaker of the 17 th Lok Sabha will be elected, and the President will address a joint sitting of Parliament. In this blog, we explain the process and significance of the events that will follow in the days to come.

The Bharatiya Janta Party has emerged as the single largest party and the leader of the party will be sworn-in as the Prime Minister. As per Article 75 1 of the Constitution, the other ministers are appointed by the President on the advice of the Prime Minister. As per media reports, swearing-in of the Council of Ministers is scheduled for May 30, How is the schedule for first session decided? The 17 th Lok Sabha will commence its first session in the first week of June.

This Committee will be set up after the swearing in of the Council of Ministers. The previous Lok Sabha had commenced on June 4, and its first session had six sitting days June 4, to June 11, Who presides over the first session? Every proceeding of the House is presided by a Speaker.

The Office of the Speaker becomes vacant immediately before the first meeting of a new Lok Sabha. Therefore, a temporary speaker, known as the pro-tem Speaker , is chosen from among the newly elected MPs. The office of the pro-tem Speaker ceases to exist when the new Speaker is elected. How is the pro-tem speaker chosen? Once the new government is elected, a list containing the names of the senior-most members of the House is prepared. The seniority is decided by total tenure as a member of either Lok Sabha or Rajya Sabha.

The Prime Minister then identifies a Member from the list who acts as the Speaker pro-tem. How is the new Speaker chosen? Any member may give notice of a motion that another Member be chosen as the Speaker of the House. The motions are then moved and voted upon. Maharashtra, 9. Karnataka, Orissa, Punjab, Rajasthan, Uttar Pradesh, West Bengal, Jammu and Kashmir, Nagaland, Haryana, Himachal Pradesh, Manipur, Tripura, Meghalaya, Sikkim, Arunachal Pradesh, Mizoram, Jharkhand, Uttarnchal, Union Territories 1.

Indian Constitution: Parts, Schedules and Articles at a Glance

Delhi, 2. Andaman and Nicobar Islands, 3. Laccadive, Minicoy and Amindivi Islands, 4. Dadra and Nagar Haveli, 5.

Daman and Diu, 6. Pondicherry, 7. Second Schedule under Arts. Part A fixes the remuneration and emoluments payable to the President and Governors. Part D contains provisions as to emoluments of the judges of the Supreme Court and of the High Courts. Third Schedule under Articles 75 4 , 99, 6 , 2 , 3 , and contains forms of Oaths and Affirmations.

Constitutional Amendments. Expanded Bill of Rights. Trial Jury Reform. Grand Jury Reform. Private Prosecutions. Rules of Evidence. Proxy Voting for House. Repeal State Bar Acts.

Anti-defection Law & 10th Schedule Explained

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Anti-Defection Law in 10th Schedule of Constitution, 52nd Amendment & 91st Amendment 2003 (In Hindi)

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10th schedule deals with 10th schedule deals with
10th schedule deals with 10th schedule deals with
10th schedule deals with 10th schedule deals with
10th schedule deals with 10th schedule deals with
10th schedule deals with 10th schedule deals with
10th schedule deals with 10th schedule deals with

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