Chapter

The Speaker on the Law of Defection<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/9780195678291.003.0039
The Speaker on the Law of Defection1

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This chapter criticises the June 1993 ruling made by Lok Sabha Speaker Shivraj Patil on the expelled members of the Janata Dal. It argues that Patil's decision to provide separate seats in the Lok Sabha for the expellees legitimised political defections instead of curbing it. It explains that the expellees violated the Dal's whip and that the anti-defection law condones a genuine split but not wholesale defection by one-third of the party. It proposes a number of reforms that can be made in order to address the issue. These include debarring anyone changing political affiliation from public office for a year and giving the legislature the sole responsibility for deciding whether the government commands majority support.

Keywords: Shivraj Patil; Janata Dal; Lok Sabha; political defections; anti-defection law; political affiliation; legislature; majority support

Chapter.  2442 words. 

Subjects: Constitutional and Administrative Law

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