Anti-Defection Statute Is Ineffective In Times Of Crises; It Should Be Repealed
Maharashtra's anti-defection statute has again come to the fore in the recent political upheavals in the state. There are a number of issues to be resolved. While a no-confidence vote is being considered, may the Speaker (or in his absence, the Deputy Speaker) rule on a petition for disqualification of the current Speaker? Is it possible for the Supreme Court to examine the judgement before it is made? If two-thirds of the party's MLAs choose to break away from the party's leadership, would they have to unite with another party to avoid being disqualified from the election? As a first step, we must address the core source of these problems and abolish the anti-defection statute. In a nutshell, the anti-defection rule, also known as the Tenth Schedule of the Constitution, prohibits MPs a...
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