The Supreme Court has agreed to hear a plea by senior advocate Kapil Sibal challenging the interpretation of the Tenth Schedule's 'deemed merger' provision, which allows MLAs and MPs to avoid disqualification under the anti-defection law, citing its 'huge repercussions on our polity'.
Trinamool Congress (TMC) leader Abhishek Banerjee has formally petitioned Lok Sabha Speaker Om Birla to disqualify 20 rebel MPs, arguing their claimed merger with the lesser-known Nationalist Citizens Party of India (NCPI) is invalid under the anti-defection law.
The Shiv Sena-UBT is facing a significant internal crisis, with reports suggesting that 'six to seven' of its nine Lok Sabha MPs are preparing to form a separate group. MP Arvind Sawant has formally requested Lok Sabha Speaker Om Birla not to recognise any such breakaway faction, emphasising the primacy of the political party over its legislative wing.
Lok Sabha Speaker Om Birla has invited Trinamool Congress leader Abhishek Banerjee for a meeting on June 19 to discuss the party's internal split. This comes after 20 rebel TMC MPs sought recognition as a separate group following their merger with the Nationalist Citizens Party of India. Birla plans to hear both factions before making a decision, while Banerjee has argued against recognising any separate group within the AITC, citing anti-defection laws and a recent Supreme Court judgment.
The Uddhav Thackeray faction has told the Supreme Court that the Election Commission's decision to recognise the Eknath Shinde-led unit as the "real Shiv Sena" and grant it the 'bow-and-arrow' symbol was unlawful. Senior advocate Kapil Sibal argued that a split in a legislature party cannot, by itself, amount to a split in the political party, challenging the very basis of the poll panel's jurisdiction and its disregard for the party's 2018 constitution.
Lok Sabha Speaker Om Birla has approved the merger of six Shiv Sena (UBT) MPs with the Eknath Shinde-led Shiv Sena and allowed separate seating for 20 rebel TMC lawmakers who joined the Nationalist Citizens Party of India (NCPI), ahead of the Monsoon session.
Lok Sabha Speaker Om Birla is set to make crucial decisions regarding the status of rebel factions from the Trinamool Congress (TMC) and Shiv Sena (UBT) before the Monsoon session of Parliament begins on July 20, following demands for their disqualification by their parent parties.
Lok Sabha Speaker Om Birla is set to make crucial decisions regarding the disqualification petitions against rebel MPs from the Trinamool Congress and Shiv Sena (UBT) before the upcoming monsoon session of Parliament. Both parties have sought the disqualification of their defecting members under the anti-defection law, while the Speaker is consulting legal experts and examining precedents to ensure legally sound decisions.
Ideology is dead; long live the numbers game that is being played with the sole intention of securing a two-third majority in the Lok Sabha for the NDA, observes Nilanjan Mukhopadhyay.
A group of dissident Trinamool Congress (TMC) MPs, led by Jagadish Chandra Barma Basunia, plans to meet Lok Sabha Speaker Om Birla to seek recognition as the 'real TMC' parliamentary group, claiming the support of 19 members amidst an escalating internal party crisis.
Most defections originated from three major parties -- the Congress, BJP and BSP.
Aam Aadmi Party (AAP) faces a significant setback as several of its Rajya Sabha MPs, including key figures like Raghav Chadha and Sandeep Pathak, resign from the party, with some reportedly joining the BJP.
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".
The speaker of Parliament or a legislative assembly can decide on the notice seeking his recusal from dealing with disqualification pleas of lawmakers subject to judicial review and can ascertain whether such applications are bona fide or intended only to evade disciplinary action, the Supreme Court said on Thursday.
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".
The apex court also ordered the Election Commission of India not to decide till August 25 the application filed by Maharashtra's Chief Minister Eknath Shinde camp for recognition as the 'real Shiv Sena' party and allotment of the bow and arrow symbol to it.
A bench headed by Chief Justice N V Ramana said it would take a call by Monday on referring the matters related to the recent Maharashtra political crisis to a Constitution Bench.
It said in a parliamentary democracy, the speaker is an officer of the assembly and performs the function of presiding over the House proceedings and representing the House for all intents and purposes.
The Goa bench of the Bombay high court on Thursday upheld the Goa assembly speaker's order dismissing two petitions seeking the disqualification of 12 MLAs who left their respective parties and joined the ruling Bharatiya Janata Party in 2019.
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.
The Supreme Court on Thursday reserved its verdict on the issue whether pleas related to the June 2022 Maharashtra political crisis triggered by the Shiv Sena's division be referred to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgment.
The chief whip, who moved the top court two days after the assembly speaker C P Joshi filed the appeal against the July 24 Rajasthan high court order, was very critical of the judicial intervention into the disqualification proceedings and said that the order 'was ex facie unconstitutional' and amounted to an intrusion into the domain of speaker's power under the Tenth Schedule of the Constitution.
The Supreme Court on Friday agreed to hear on July 11 the plea of Shiv Sena chief Sunil Prabhu seeking suspension from assembly of Maharashtra Chief Minister Eknath Shinde and 15 rebel MLAs against whom disqualification pleas are pending.
The Supreme Court will hear a batch of pleas on the Maharashtra political crisis filed by the Shiv Sena factions led by Uddhav Thackeray and Eknath Shinde on November 29, when it is likely to issue some directions.
As per the statement issued by the legislative assembly secretariat, speaker of Manipur legislative assembly is pleased to accept the merger of five JD-U MLAs with the BJP under the tenth schedule of the Constitution.
The petition contended that the poll panel erred in holding that disqualification under the Tenth Schedule and proceedings under the Symbols Order operate in different spheres and that disqualification of MLAs is not based on cessation of membership of a political party.
Birla said Narwekar will head the committee that will be formed to review the anti-defection law.
It said the apex court order "whittles down" the power of a political party to issue whip to its MLAs as it has a constitutional right to do so and the court can't restrict that.
Fadnavis on Saturday said the ruling Eknath Shinde-BJP coalition in Maharashtra is a legitimate government.
Senior lawyer Kapil Sibal told a five-judge constitution bench headed by Chief Justice DY Chandrachud that Koshyari had sworn in Shinde without even asking him which party he and the other legislators supporting him belonged to.
Prima facie, sources feel that the Tenth Schedule of the Constitution, the anti-defection law, has been abused.
'Whatever duties I have to dispense off as a Speaker I will do the needful in accordance with the provisions of the law.'
A major drawback of the Anti-Defection Law is the lack of precise definition of defection itself, points out Rup Narayan Das.
The BJP has fielded Rajya Sabha MP Swapan Dasgupta as its candidate for the Tarakeshwar seat in the upcoming West Bengal assembly elections.
The Congress has accused the Bharatiya Janata Party of making efforts to topple the Gehlot government by indulging in horse-trading.
The Supreme Court on Thursday held the Maharashtra governor was not justified in calling upon then chief minister Uddhav Thackeray to prove his majority in the assembly on June 30 last year but refused to order the status quo ante, saying he did not face the floor test and resigned.
According to estimates, a total of 11.80 lakh polling stations would be required to be set up across India for Lok Sabha polls this year.
Maharashtra Nationalist Congress Party president Jayant Patil on Sunday said his party has moved a disqualification petition against Ajit Pawar and eight others who took oath as ministers in the Eknath Shinde-led state government.
The Speaker is the final authority to take a call on cases of defection. Although this may not be an immediate concern now, but its occurrence in the future cannot be ruled out considering the volatile nature of politics, points out Rup Narayan Das.
