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The anti-defection law enshrined through the introduction of the Tenth Schedule in the Constitution of India comprises 8 paragraphs. The following is a brief summary of the contents of the law: Paragraph-1: Interpretation. This section handles the definitions of distinct terms applied in laying out the legislation.
[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 ...
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 ...
Supreme Court of India, in its judgement dated 10 July 2013 while disposing the Lily Thomas v. Union of India case (along with Lok Prahari v. Union of India), [1] ruled that any Member of Parliament (MP), Member of the Legislative Assembly (MLA) or Member of the Legislative Council (MLC) who is convicted of a crime and given a minimum of two years' imprisonment, loses membership of the House ...
Government dismissed in spite of Chief minister Karunanidhi enjoying majority support in Assembly, due to the Government not strictly enforcing provisions of Emergency rules. 11. 12 March 1976 Gujarat: Babubhai J. Patel: Indian National Congress (O) Madhav Singh Solanki: Indian National Congress "Non-Passage" of budget leading to collapse of ...
The Representation of the People Act, 1951 is an act of Parliament of India to provide for the conduct of election of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, what constitute corrupt practices and other offences at or in connection with such elections and the determination of ...
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In India, President's rule is the suspension of state government and imposition of direct Union government rule in a state.Under Article 356 of the Constitution of India, if a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery.