Chapter

Defections, Speaker and the Governor<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/9780195678291.003.0061
Defections, Speaker and the Governor1

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This chapter looks at the role of speaker and the governor during the formation of the government, led by Kalyan Singh, in UP in 1997 in anti-defection law. After the withdrawl of support to the BJP-BSP coalition by Mayawati; Kalyan Singh attempted to cobble together the necessary number by inducting defectors from other parties into his government. The subsequent role of the speaker left much to be desired. The resulting crisis in Uttar Pradesh (UP) raises a host of constitutional issues: the governor's status; the ambit of his power to send messages to the state legislature; limitations on the imposition of president's rule; the president's relationship with his council of ministers; legal consequences of legislators' use of violence on the floor of the house and of the speaker's manifest lack of impartiality and reform of the anti-defection law. A simple reform of the anti-defection law can provide an effective cure, as the committee on defections recommended: bar the defector or splitter, from public office for a year.

Keywords: governor; defection; speaker; Kalyan Singh; Uttar Pradesh Assembly; anti-defection law; reform

Chapter.  4846 words. 

Subjects: Constitutional and Administrative Law

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