What
if member of party of a parliament or state legislature gives vote
against the party or in favour of opposition party? #lawinroutine
- Defection
is an act of changing party allegiance from the party on which a person
got elected (to a Legislative body) to a different party. ... Later on
the Constitution was amended and defection has been banned by passing ,
adding tenth schedule in our constitution
known as *Anti Defection Law. Now a days members cast their vote in
parliament or state legislation against the will of party . It is also a
defection.
- Such type of act is not a new in our political
scenario where a political leader drops previous party and enters in
new interested party. In the political era between 60’s to 90’s .
there are many examples when political party members shift their
interest or change party .ects the fraternity of the party . shifting of
paty by this was led to demolition of big political party like
congress , janata dal , jana sangh etc.
- Not even that this
effects the fraternity of party . this is due to various reasons like
corruption , non acceptance of the interest of changing member etc.there is a best example of this . Gaya Lal, a Member of the Legislative
Assembly from Pataudi Vidhan Sabha constituency in Haryana, won
elections as an independent candidate in 1967 . he changes the party
three times which is the bench mark setted by him and an best example of
political defection . he first joins Indian national congress , then
united front . finally he returns to congress. Thrice in a day.
Bijender lal , a politician of congress party in Haryana in
consequence of that was stated in his press conference that ‘GAYA RAM
IS NOW AYA RAM’ .
The question above is that What if member of
party of a parliament or state legislature gives vote against the party
or in favour of opposition party ?
Lets check it.
1.
If any elected member of party of a parliament or state legislature
gives vote against the party or in favour of opposition party shall be
disqualified from the parliament or legislature as a member. Only in
irregularity by such member by disobeying the guidelines of his
political paty without prior permission. If such act is not condemned
by the party within 15 days . such member should as a member of
parliament or legislature.
2. If any independent member joins any party after election . he shall be disqualified as a member of house.
3. If any nominated member joins any party after the expiration of six months shall be disqualified as a member of house.
Exception of defection.
1. Member can change party after the completion of the tenure or
session of membership of house . example . a member of parliament can
change its party after expiration of his tenure of membership . tenure
of lok sabha is 5 years
2. Merger of the parties . if the
immerging parties and their two third members are consented to merge .
then their membership shall not be disqualified.
3. If member
give up his membershiup from his party to hold office of parliament and
legislature like speaker . such member is exempted from disqualification
. the reason is for the dignity of that post . later on member can
rejoins his previous party.
10th schedule { anti defection law }
10th schedule added in our constitution in 1985 with the intention to
prevent the practcises of defection . tenth schedule also known as a
anti-defection law. The anti-defection law seeks to provide a stable
government by ensuring the legislators do not switch sides. However,
this law also restricts a legislator from voting in line with his
conscience, judgement and interests of his electorate. Such a situation
impedes the oversight function of the legislature over the government,
by ensuring that members vote based on the decisions taken by the party
leadership, and not what their constituents would like them to vote for.
Tenth schedule was amended after the report of dinesh goswami committee in 2003 which is necessary to do that.
Recently in March 2020 , jyotiraditya Scindia eminent leader in Madhya
Pradesh drops his congress party with many legislators and joins
bhartiya janata party. His shifting of party leads to demolition of
congress government in madhya pradesh within 2 years . The final result
is that chief minister Kamal Nath fails to prove his non confidence
movement in Madhya Pradesh assembly and rise of bhartiya janata party in
MP . Shivraj raj Singh Chauhan re-elected as a chief minister for 3rd
time .
We can conclude that defection in polictics is against
the will of public because we elect our leader with the some intent to
nourish our requirements. Defection leads to misuse of our votes.
Thank you…. #lawinroutine
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