Search results
Results from the WOW.Com Content Network
The Anti-Defection law, or the 52nd Amendment to the Indian Constitution is a constitutional amendment limiting the ability of politicians to switch parties in parliament. . The Constitution was amended to prevent elected MLAs and MPs from changing parti
Anti Defection Law – Provide disqualification of members from parliament and assembly in case of defection from one party to other. However, para 7 of the 10th Schedule was struck down by the Supreme Court in the case of Kihoto Hollohan v. Zachillhu 1992 SCR (1) 686, for being in contravention with Article 368 of the Constitution. Rajiv ...
[1] [4] It was chartered by the government of Rajiv Gandhi as the Tenth Schedule of the Constitution of India. [3] The Anti-Defection Act, applicable to both Parliament and state assemblies, specifies the process for the Presiding Officer of a legislature to disqualify a legislators on grounds of defection based on a petition by any other ...
The framers, instead, adopted a combination of the "theory of fundamental law", which underlies the written Constitution of the United States with the "theory of parliamentary sovereignty" as existing in the United Kingdom. The Constitution of India vests constituent power upon the Parliament subject to the special procedure laid down therein. [1]
Even after the Anti-Defection Law, when the majority party has an absolute majority and it can whip party members to vote in favour of the government; still it is possible to remove the government by a no-confidence motion if the ruling party breaks by more than one third. [29] [dubious – discuss]
The Anti-Defection Law was passed in 1985 through the 52nd Amendment to the Constitution. The main intent of the law was to combat “the evil of political defections” by elected politicians for the lure of office.It mainly focus on crime background of any political leader before registering his/her name for election.
Anti-defection provisions for members of ... where state courts mainly apply state law and federal courts mainly apply federal law. [113] Under the Indian ...
The Sixty-first Amendment of the Constitution of India, officially known as The Constitution (Sixty-first Amendment) Act, 1988, lowered the voting age of elections to the Lok Sabha and to the Legislative Assemblies of States from 21 years to 18 years. This was done by amending Article 326 of the Constitution, which concerns elections to the Lok ...