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26 Supremo Amicus [1] (2021)

handle is hein.journals/supami26 and id is 1 raw text is: SUPREMO AMICUS VOLUME 26 1 SEPTEMBER, 2021 ISSN 2456-9704 AN ANALYSIS ON THE LIMITED DISQUALIFICATION POWER OF THE SPEAKER WITH REFERENCE TO THE JUDGEMENT IN SHRIMANTH BALASAHEB PATIL V. HON'BLE SPEAKER, KARNATAKA LEGISLATIVE ASSEMBLY AND OTHERS By Mr. Abhishek M. Y. Assistant Professor from Karnataka State Law University's Law School, Hubballi, Karnataka Citation Writ Petition (Civil) No. 992 OF 2019 Name of the court The Supreme Court of India Bench Justice N.V. Ramana, Justice Sanjiv Khanna and Justice Krishna Murari Decision 13 November, 2019 Relevant provisions of law Articles 32, 75(1B), 164(1B) and 361B read with Tenth Schedule of the Constitution of India Introduction country to concern the importance of party politics in a democracy and the requirement to have stability within the government to facilitate good governance, as mandated under the Constitution. Tenth Schedule was added in the Constitution to lay down the conditions setting out certain provisions as to disqualification on grounds of defections.2 The Tenth Schedule was inserted in the Constitution in 1985.3 It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any person. A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote. This implies that a legislator defying (abstaining or voting against) the party whip on any issue can lose his membership of the House. The law applies to both Parliament and State Assemblies. There is no dispute that in India, since the framing of the Constitution, there was a constant demand for formulating a law on defection. It may be noted that India was one of the first countries to legislate on an Anti-Defection Law. Following the example of India, many other countries have followed the same. Facts of the Case in Nutshell Aaya Ram Gaya Ram was a phrase that became popular in Indian politics. The anti-defection law sought to prevent such political defections which may be due to reward of office or other similar considerations.1 It is very much need in our ' https://prsindia.org/theprsblog/the-anti-defection- law-explained, visited on 20/08/2021. 2 https://economictimes.indiatimes.com/blogs/et- commentary/an-overview-on-tenth-schedule-of-the- constitution/, visited on 23/08/2021. i. After the 15th Karnataka Legislative Assembly, the followig were the results and secured seats by the respective parties: Parties Secured seats 3 https://www.mea.gov.in/Images/pdfl/S10.pdf, visited on 23/08/2021. www.supremoamicus.org PIF 6.242

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