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Copyright and Acts which not deemed as Copyright Infringement

    Copyright is one of the branches of intellectual property accepted universally after the TRIPS [Trade-Related Aspects of Intellectual Property Rights ] agreement 1994. Its rules and regulations control and formulated by world intellectual property organisation. MEANING OF COPYRIGHT.. [ HEREINAFTER MENTIONED AS C.R ]   C.R based on the concept of the original creation of the work in the field of artistic, literary, cinematography, software programming, photographic works. It also includes the alteration work of the copyright registered work, validate under the purview of ‘flavour of the creativity doctrine’. These are the subject matters of CR (a) original literary, dramatic, musical and artistic works; (b) cinematograph films (c) sound recording [d] software programme [e] photographic work [f] designs, graphs and maps. Example music created by the composer, he is the creator also having the right to get a copyright for his work. Same it is applicable to director of movie and autho

ANTI DEFECTION LAW IN INDIA




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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