The Calcutta High Court has cancelled the membership of senior leader Mukul Roy in the West Bengal assembly under the anti-defection law, marking a significant moment in Indian jurisprudence.
Should the anti-defection law in India exist only to prevent democratically elected governments from being toppled?
A major drawback of the Anti-Defection Law is the lack of precise definition of defection itself, points out Rup Narayan Das.
It passed an amendment that deletes the provision allowing one-third of a legislature party to split without attracting provisions of the anti-defection law.
Birla said Narwekar will head the committee that will be formed to review the anti-defection law.
Prima facie, sources feel that the Tenth Schedule of the Constitution, the anti-defection law, has been abused.
'What happens in case the party joins a post-poll alliance with another party whose ideology the legislator is opposed to?' 'Should s/he let down her/his voters merely because her/his party leadership has taken a decision in that direction?' asks Aakar Patel.
The apex court was deciding on the question whether an expelled member could be disqualified under the law, if he or she defies party whip.
The Aam Aadmi Party has petitioned for the disqualification of seven Rajya Sabha MPs who defected to the BJP, citing violation of the anti-defection law and betrayal of the people's mandate.
The AMMK has filed a complaint against the TVK, alleging the use of a forged support letter to claim government formation. The Guindy police are conducting a preliminary inquiry into the matter.
The AIADMK is facing a potential split after post-election disagreements, with one faction voting against the government and another defying party orders. Key leaders have been removed from their posts, and accusations are flying between the opposing sides.
The AIADMK is facing a deeper crisis as factions clash over the floor test of the TVK government, with accusations of defying party directives and demands for disqualification under the anti-defection law.
Ajit Pawar-led group was the real Nationalist Congress Party when two factions emerged in the party in July 2023, Maharashtra assembly Speaker Rahul Narwekar on Thursday held.
Vijay was appointed CM after he presented letters of support from the VCK and the IUML who have two MLAs each.
The Aam Aadmi Party (AAP) faces a significant setback with the departure of seven MPs, including prominent figures, impacting its parliamentary strength and preparedness for upcoming elections. This exodus follows a turbulent period marked by the arrests of key leaders and raises questions about the party's future.
Rajya Sabha elections in Bihar, Odisha, and Haryana were marred by allegations of cross-voting and 'horse trading', leading to suspensions and warnings from the Congress party.
Congress MP Manish Tewari has introduced a bill in Lok Sabha that seeks to allow parliamentarians to take an independent line in voting on bills and motions other than those affecting the government's stability in a bid to free them from "whip-driven tyranny" and promote "good lawmaking".
Veteran politician and former railway minister Mukul Roy, a key figure in West Bengal politics, has died due to cardiac arrest, marking the end of a significant era.
Congress MP Kuldeep Bishnoi, son of former Haryana chief minister Bhajan Lal, and rebel Samajwadi Party MP Jaiprakash Rawat have been disqualified from the Lok Sabha under the anti-defection law.
Giving relief to expelled Samajwadi Party MPs Amar Singh and Jaya Prada, the Supreme Court directed that no action shall be taken against them under the Anti-Defection Law in the event of their defying a party whip.
The disqualified MLAs are Rajinder Rana, Sudhir Sharma, Inder Dutt Lakhanpal, Devinder Kumar Bhutoo, Ravi Thakur and Chetanya Sharma.
A notification in this regard was issued on Thursday evening which further said that these six MLAs ceased to be members of Himachal Pradesh legislative assembly with effect from February 29.
Lalduhoma's political journey has been all about battling against odds.
Three of these MLAs are from Chhindwara, while another three from the region are set to leave for Delhi, sources close to the veteran leader said.
These Congress rebels, who had voted in favour of the BJP nominee in the Rajya Sabha polls, later abstained from voting on the Budget, defying a party whip.
'At the moment the anti-defection law works only in favour of Uddhav Thackeray's Shiv Sena, the original Shiv Sena.' 'The Eknath Shinde camp is at a disadvantage unless they merge with another political party.' 'Otherwise, they will not be saved (from being disqualified).'
Lok Sabha Speaker Om Birla has referred petitions submitted by the Trinamool Congress and the YSR Congress under the anti-defection law against their respective leaders Sisir Adhikari and K Raghu Rama Krishna Raju to the privileges committee.
Fissures surfaced among Indian National Developmental Inclusive Alliance (INDIA) partners ahead of the Jharkhand assembly elections as the Rashtriya Janata Dal on Saturday expressed disappointment over the announcement of Jharkhand Mukti Morcha and Congress contesting 70 of 81 seats in the state.
The Act deals with automatic disqualification of MPs and state legislators upon being convicted and sentenced for two years or more in a criminal case.
Notably, when asked by reporters if he would take legal recourse after Ajit Pawar took oath as deputy chief minister on Sunday, Sharad Pawar had said he would not get into all this but will go among people.
The Congress has 40 MLAs while the BJP has 25 in the 68-member state assembly. The remaining three seats are held by independents.
The Supreme Court has dismissed a petition challenging the appointment of Nitish Kumar as chief minister of Bihar after his party forged a new alliance in August, saying post-poll alignments subject to certain conditions is permissible under the anti-defection law.
'If you do not attend the meeting, it would be presumed that you have a clear intention of leaving the party'
The political crisis arose in Himachal Pradesh during the recently held polling for the Rajya Sabha elections as nine MLAs, including six Congress rebels and three independents, voted in favour of BJP candidate Harsh Mahajan.
Bahujan Samaj Party MLA Krishna Kumar Singh, who had joined the Samajwadi Party, was on Monday disqualified from the Uttar Pradesh assembly by the Speaker, the fourth party MLA to face action under the anti-defection law.
Senior advocate Kapil Sibal, appearing for the Thackeray faction, told the bench there is no constitutional protection for disqualification under the 10th schedule.
The deadline set by the Supreme Court for delivering the verdict was December 31, 2023, but some days before that, on December 15, the apex court gave a 10-day extension and set January 10 as the new date for a decision.
Himachal is first state in the country to pass such a bill under which "A person shall not be entitled for pension under the Act, if he has been disqualified at any point of time under the tenth schedule of the Constitution".
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