science reporter

science reporter

science reporter Published this article page no  72 However in the latest judgment Bombay High Court has held that a factual merger of the original political party is not necessary to seek exemption. And the merger of the 10 MLAs of the CLP with the BJP should be regarded as the Congress itself merging with the BJP. The court has said erroneously that the two subparagraphs 1 and 2 of paragraph 4 should be seen as independent entities. But this opinion goes against the letter and spirit of the Tenth Schedule paragraph (4) in particular. How does this opinion go against the letter and spirit of the Tenth Schedule paragraph (4) in particular? Under this provision for a member to seek exemption from disqualification the merger of the original political party has to take place first followed by twothirds of the MLAs agreeing to such merger. The words such merger make it clear beyond any shadow of doubt that the merger of the original political party has to take place before twothirds of the members agree to such a merger. The HC seems to have missed the significance of the words such merger. In fact the members of the legislature cannot agree among themselves to merge as the court has said but they can agree to a merger after it takes place. Need of the hour The antidefection law was designed to eliminate political defection. However the judgment of the Bombay HC seems to assume that paragraph (4) of the 10th schedule is meant to facilitate defection. This judgment is likely to open the flood gates to defection. The Supreme Court must intervene quickly. Read more about Anti  defection law here. InstaLinks Prelims Link 1. Names of various committees and commissions with regard to Anti Defection law. 2. Committees vs Commissions. 3. Decision of presiding officer vs Judicial review. 4. Merger vs Split of political parties.255. Is anti defection law applicable to the presiding officer? 6. Relevant Supreme Court cases and verdicts. Mains Link Examine the provisions of Anti defection law. Has this law largely failed to meet its objective?. 2. Chandigarhs proposal to amend Article 80 of the Constitution Context The Chandigarh Municipal Corporation has approved a proposal to amend Article 80 of the Constitution. This amendment says its councillors could send a representative to the Rajya Sabha. A Private Members Bill in this regard has also been introduced science reporter buy.

science reporter