SC to examine anti-defection clause on merger law
New Delhi, July 28 -- The Supreme Court on Monday agreed to examine a petition by senior advocate Kapil Sibal challenging the interpretation of the anti-defection law that allows legislators to avoid disqualification by claiming protection under the merger provision.
A bench of justices PS Narasimha and Alok Aradhe issued notice and tagged the matter with the pending Goa defection case before a three-judge bench headed by Chief Justice of India Surya Kant.
Observing that there were "enormous issues" with the working of the Tenth Schedule, the bench said these were "the making of the members of Parliament".
"The Tenth Schedule is intended to regulate the mechanism between legislators... But who made it? It's the making of the MPs," the court observed.
Appearing in person, Sibal argued that the merger exception had become a tool to engineer defections and overturn electoral mandates.
Calling it a "complete fraud", he said the issue had "huge repercussions" for Indian democracy, allowing minority governments to become majorities without attracting disqualification. "Just like courts can go wrong, MPs can also go wrong. They will never allow it to be resolved because it's in the benefit of the people in power," argued the senior counsel....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.