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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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