Anti-Defection Law and the Associated Challenges

Recently, Karnataka Assembly Speaker K R Ramesh Kumar disqualified 17 MLAs for the entire term of the ongoing 15th Assembly. These include 14 from the Congress and three from JDS till the end of the current term, ie. till 2023. The speaker said his action was based on the petitions moved by the Congress and JDS to disqualify the rebel MLAs, who had also submitted resignations as assembly members and were absent during the trust vote sought by the previous Chief Minister HD Kumaraswamy. The move, being seen as a stern and unprecedented one, is likely to be challenged by some disqualified legislators in court, who argue that it is against the law. Experts are of the view that it runs counter to the Bombay High Court’s latest judgment in the Goa Assembly case wherein the High Court held that disqualification under Tenth Schedule cannot debar a legislator to go back to people and get re-elected during the term of the present Assembly. Today in IN DEPTH we analyse the disqualification rules under the Anti-Defection Law, the purpose of the law and the recent defections that have taken place in different states.

Categories: POINT IAS

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