Chapter

Expulsions and the Law on Defections<sup>1</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0038
Expulsions and the Law on Defections1

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This chapter criticises Speaker of the Lok Sabha Shivraj Patil's thoughts about the expulsion of Janata Dal's twenty-five members in Lok Sabha from December 1990 to July 1992. Patil argued that the move by the expelled Janada Dal members should be not considered defection but a split since they made up one-third of the membership. The chapter suggests that if Patil is to treat it all as a split, he has to abandon the settled law on expulsions and propound new doctrines. It explains the relevant provisions of the anti-defection and the Tenth Schedule to the Constitution.

Keywords: Shivraj Patil; expulsion; Lok Sabha; Janata Dal; defection; split; anti-defection law; Tenth Schedule of the Constitution

Chapter.  1781 words. 

Subjects: Constitutional and Administrative Law

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