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Indian Polity
Indian Polity
The Representation of the People Act, 1951, Section 62(5) states that "No person shall vote
at any election if he is confined in a prison , whether under a sentence of imprisonment or
transportation or otherwise, or is in the lawful custody of the police तु ं गात कंवा
पोल सां या कायदे शीर ता यात अस यास मतदान करता येणार नाह .
As per Section 62(5) if the Representation Act, those being held under preventive detention
( तबंधा मक नजर कैदे त) can participate in elections and cast their vote via postal ballots.
In 2014 Election Commission confirmed that detainees had the right to vote, but not under-trials
and convicts.
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प ांतरा या (Defection) कारणाव न अपा ता
Defection in politics means moving of a person from one party to another party for some personal
benefit. It means changing party allegiance from the party on which a person got elected to a
different party.
Aaya Ram Gaya Ram was a phrase that became popular in Indian politics after a Haryana MLA
Gaya Lal changed his party thrice within the same day in 1967.
In a book published in 1974, Subhash Kashyap recalled that in the 1967-71 four-year period, 142
defections took place in Parliament, and as many as 1969 defections took place in state assemblies
across the country, causing the downfall of 32 state governments. He further observed that 212 of
these defectors had been subsequently rewarded with ministerial positions
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दहा या अनुसच
ू ीम ये (५२ वी घटना दु ती १९८५)
एखादा संसद सद य प ांतरा या कारणाव न अपा ठ शकतो-
• जर तो या राजक य प ा या ितिकटावर िनवडून आला आहे या प ाचे सद य व याने वे छे ने
सोडून िद यास If an elected member voluntarily gives up his membership of a political party.
• जर याने या या प ाने िकंवा प ाने ािधकृत केले या य ने िदले या िनदशािव
सभागहृ ात मतदान के यास िकंवा मतदानास गैरहजर रािह यास, आिण प ाने/ ािधका याने
ू १५ िदवसां या आतमाफ न के यास If he votes or abstains from
यास मतदाना या तारखेपासन
voting in such House contrary to any direction issued by his political party without obtaining
prior permission of such party and such act has not been condoned by the party within 15 days
१० या अनस
ु च
ू ी अंतगत प ांतरा या कारणाव न अपा तेबाबतचा िनणय रा यसभे या बाबतीत
सभापतीमाफत, तर लोकसभे या बाबतीत अ य ांमाफत िदला जातो.
The presiding officer of a House is empowered to make rules to give effect to the provisions of
the Tenth Schedule. All such rules must be placed before the House for 30 days.
According to the rules made so, the presiding officer can take up a defection case only when he
receives a complaint from a member of the House.
Before taking the final decision, he must give the member (against whom the complaint has been
made) a chance to submit his explanation.
He may also refer the matter to the Committee of Privileges for inquiry. Hence, defection has
non-immediate and automatic effect.
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Whether the right to freedom of speech and expression is curtailed by the Tenth Schedule?
• According to the SC (Kihota Hollohon vs. Zachilhu) the provisions do not subvert the democratic
rights of elected members in Parliament and state legislatures.
• It does not violate their conscience.
• The provisions do not violate any right or freedom under Articles 105 and 194 of the Constitution.
Whether a member can be said to voluntarily give up his membership of a party if he joins
another party after being expelled by his old political party?
• Once a member is expelled, he is treated as an ‘unattached’ member in the house.
• However, he continues to be a member of the old party as per the Tenth Schedule.
• So if he joins a new party after being expelled, he can be said to have voluntarily given up
membership
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Is there a time limit within which the Presiding Officer has to decide?
The law does not specify a time-period for the Presiding Officer to decide on a disqualification plea.
But in Jan 2020, Supreme Court (Keisham Meghachandra Singh vs. the Hon’ble Speaker Manipur
Legislative Assembly & Ors.) directed that till the Independent Tribunal is established for deciding
the cases under Anti-defection Law, Presiding Officer should decide the matter in 3 months.
The court said the Speakers should decide Tenth Schedule disqualifications within a “reasonable
period”. What was ‘reasonable’ would depend on the facts of each case.
Unless there were “exceptional circumstances”, disqualification petitions under the Tenth Schedule
should be decided by Speakers within three months.
The court noted that this period was ‘reasonable’, as the ordinary life of the Lok Sabha or the
Legislative Assemblies was merely five years.
The court also recommended the Parliament to consider taking a relook at the powers of the
Speakers, citing instances of partisanship.The court also suggested independent tribunals to decide
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disqualifications. Dr Chaitanya Kagde (SPACE Academy) 99
United Kingdom - An MP who defies a three-line whip (meaning a written notice which has been
underlined three times to mark its urgency) could be expelled from the party but retains their seat,
unlike in India where they lose both.
Australia - The punishment for defying the whip is such things as being denied some party
resources.
United States - Members cannot be expelled from political parties and therefore the question of
such punishment does not arise.
Election Commission
Decisions under the Tenth Schedule should be made by the President/ Governor on the binding
advice of the Election Commission.