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The essence of time: On courts and the anti-defection law

Judicial intervention should strengthen anti-defection law, not undermine it

Time is of the essence when it comes to executing political manoeuvres to reduce a government to a
minority. Dissident legislators need time to gather enough numbers to vote out the regime. Ruling
parties need to close the window of opportunity soon, often using the threat of disqualification for
defection. It is in this backdrop that judicial intervention in matters relating to disqualifying
lawmakers for defection takes place — either buying the dissidents time or allowing disqualification
proceedings to go on unhindered. By its order granting time until July 12 to dissident Shiv Sena
legislators in the Maharashtra Assembly to reply to the Deputy Speaker’s notice under the anti-
defection law, the Supreme Court has effectively made it possible for them to actualise their objective
without the threat of disqualification for now. It is doubtful whether the Court should have done this
in the face of a specific bar on judicial intervention in disqualification proceedings at any stage prior
to final adjudication under the Tenth Schedule. In 1992 ( Kihoto Hollohan vs Zachillhu), a Constitution
Bench, while upholding the validity of the anti-defection law, held that the Speaker’s decision was
subject to judicial review, albeit on limited grounds. It also made it clear that this should take place
after a final decision, and there can be no interim order, except if there is an interim disqualification
or suspension.

The Deputy Speaker’s grant of just two days for the MLAs to reply may have occasioned the
intervention; but it is doubtful whether the Court should concern itself with the question now, when
it can be decided after their possible disqualification. There are Court judgments that say compliance
with natural justice is not based on the number of days given, but on whether sufficient opportunity
was given before a decision. Based on a conclusion in Nabam Rebia (2016) that a Presiding Officer
should not adjudicate any defection complaint while a motion for his own removal is pending, the
dissidents sent a motion to get the Deputy Speaker removed. After he rejected it, the rejection has
also been questioned in court, thus raising a jurisdiction question on the adjudicatory power of the
Deputy Speaker, who, of necessity, has to decide disqualification questions in the absence of a
Speaker. Motions to remove a Presiding Officer should not become a ploy to circumvent
disqualification proceedings. If courts countenance manoeuvres to pre-empt a decision on whether
legislators camping in another State and questioning the Chief Minister’s majority have incurred
disqualification by “voluntarily giving up membership” of their party, they undermine the anti-
defection law and render nugatory rulings by Constitution Benches. When defection is seen as a
serious menace by the Constitution, courts should not act in furtherance of it. The duty to protect
those wrongly disqualified is important, but so is calling to account defectors whose motives are
suspect. [Practice Exercise]
 Red/blue coloring of words in the sentence indicates subject verb relationship; where ‘red’
denotes ‘subject’ and ‘blue’ denotes ‘verb’

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Vocabulary
1. Essence (noun) – quintessence, soul, spirit, 11. Vote out (phrasal verb) – remove person
ethos, nature साय from position by voting

12. Regime (noun) – government, authorities,

2. Anti-defection law (noun) – The anti-
defection law punishes individual Members system of government, rule, reign, शासन
of Parliament (MPs)/MLAs for leaving one
13. Ruling (adjective) – governing, in charge,
party for another. दरफदर वियोधी कानून
leading, dominant, controlling सत्तारूढ़
3. Intervention (noun) – involvement,
14. Window of opportunity (noun) – chance,
intercession, interceding, हस्तऺेऩ
lucky chance, good time, golden
opportunity, time, occasion
4. Strengthen (verb) – fortify, bolster, make
stronger, give strength to भज़फूत फनाना 15. Often (adverb) – frequently, many times,
many a time, अक्सय
5. Undermine (verb) – weaken, compromise,
diminish, reduce, impair, mar, spoil दफ
ु र
ब 16. Backdrop (noun) – situation, scene,
कयना scenario, background, ऩष्ृ ठबूमभ

6. Time is of the essence (phrase) – Time is a 17. Take place (phrase) – happen, occur, come
key consideration in this situation (often about, transpire घटटत होना
because time is limited or a specific
18. Buy time (phrase) – Delay an event
deadline must be met). सभम भहत्िऩूर्ब
temporarily so as to have longer to improve
होना
one's own position. विरंफ कयना
7. Execute (verb) – carry out, accomplish,
19. Proceeding (noun) – course of action,
perform, implement, effect कामाबन्वित
action, step, measure, move, कामबिाही
कयना
20. Go on (phrasal verb) – continue, carry on,
8. Manoeuvre (noun) – ploy, trick, dodge, run on जायी यखना
ruse, plan, scheme, operation दाि-ऩें च
21. Unhindered (adjective) – Not hindered or
9. Dissident (adjective) – opposing, protesting, obstructed. ननफाबध
complaining, rebelling, असंतष्ु ट, असहभत
22. Actualise (verb) – fulfil, achieve,
10. Legislator (noun) – lawmaker, lawgiver, accomplish, make real, make a reality,
parliamentarian, politician विधामक

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23. For now (phrase) – for the time being, for
the moment, for the present अबी के मरए
24. In the face of (phrase) – despite,
notwithstanding, regardless of के फािजूद
25. Bar (noun) – restriction, limitation,
obstacle, impediment, hindrance,
obstruction, योक
26. Prior to (phrase) – before, until, till, up to,
previous to से ऩहरे
27. Adjudication (noun) – judgement, decision,
pronouncement, ruling वमानमक ननर्बम
28. Tenth schedule (noun) – Notwithstanding
anything in this Constitution, no court shall
have any jurisdiction/power in respect of
any matter connected with the
disqualification of a member of a House
under this Schedule.
29. Constitution bench (noun) – any case
involving a substantial question of law as to
the interpretation of the Constitution must
be decided by a Bench of at least five
judges. Such a Bench is called a Constitution
Bench
30. Bench (noun) – Judges or magistrates
collectively. वमामऩीठ
31. Uphold (verb) – maintain, sustain, continue,
preserve, protect, फनाए यखना
32. Validity (noun) – legal acceptability,
lawfulness, legality, legitimacy िैधता
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33. Hold (verb) – (of a judge or court) rule;
decide. ठहयना
34. Subject (to) (adjective) – answerable to,
accountable to, liable to, under the control
of, के अधीन होना
35. Albeit (conjunction) – Although. हारांकक
36. Ground (noun) – reason, cause, basis, base,
foundation आधाय
37. Make clear (phrase) – explain, elucidate,
clarify स्ऩष्ट कयना
38. Interim (adjective) – provisional,
temporary, pro tem, stopgap, short-term
अवतरयभ
39. Grant (noun) – handout, allocation,
allotment अनुदान
40. Occasion (verb) – cause, give rise to, bring
about, result in, lead to, prompt उत्ऩवन
कयना
41. Concern (oneself) with (verb) – Interest or
involve oneself in; be associated with.
42. Compliance (noun) – obedience to,
accordance with, observance of, अनऩ
ु ारन
43. Conclusion (noun) – judgement, decision,
diagnosis, verdict ननष्कर्ब
44. Presiding officer (noun) – an official in
charge of a polling station at an election.
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45. Adjudicate (verb) – judge, adjudge, try, 54. Give up (phrasal verb) –surrender, abandon
hear, examine, arbitrate ननर्बम कयना त्मागना

46. Motion (noun) – proposal, proposition, 55. Render (verb) – Deliver (a verdict or
submission, recommendation प्रस्ताि judgment) दे ना

47. Adjudicatory (adjective) – Of, relating to, or
characteristic of adjudication; having the
power or authority to adjudicate.
वमामननर्ाबमक
48. Of necessity (phrase) – necessarily,
inevitably, unavoidably, by force of
circumstance अऩरयहामब रूऩ से
49. Ploy (noun) – stratagem, scheme, ruse,
tactic, move चार
50. Circumvent (verb) – avoid, overcome,
bypass, sidestep, dodge दयककनाय कयना, न
कयना
51. Countenance (verb) – tolerate, permit,
allow, admit of, approve, approve of, agree
to स्िीकाय कयना
52. Pre-empt (verb) – forestall, prevent; Take
action in order to prevent (an anticipated
event) happening; ऩहरे ही योक दे ना
53. Camp (verb) – Remain persistently in one
place. डेया डारना
56. Nugatory (adjective) – worthless, of no
value, of no importance, unimportant,
inconsequential, व्मर्ब का
57. Ruling (noun) – decision, pronouncement,
resolution, decree, ननर्बम
58. Menace (noun) – danger, peril, risk, hazard,
threat खतया
59. Furtherance (noun) – furthering,
advancement, forwarding, improvement,
development आगे फढ़ाना, फढ़ती
60. Call to account (phrase) – scold, chastise,
upbraid, berate, castigate, lambast
पटकायना
61. Defector (noun) – someone who leaves a
country, political party, etc., especially in
order to join an opposing one दरफदरू
62. Suspect (adjective) – suspicious, dubious,
untrustworthy, questionable, doubtful,
संटदग्ध, संदेहमक्
ु त

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Practice Exercise
Direction (Q1 – Q3): Select the best express synonym of the highlighted words [Editorial]
1. Time is of the essence when it comes to executing political manoeuvres to reduce a
government to a minority.
A. Tout
B. Conjure
C. Ploy
D. Audacity
2. It is doubtful whether the Court should have done this in the face of a specific bar on judicial
intervention in disqualification proceedings at any stage prior to final adjudication under the
Tenth Schedule
A. Restriction
B. Invective
C. Tirade
D. Chronicle
3. Motions to remove a Presiding Officer should not become a ploy to circumvent disqualification
proceedings
A. Unremitting
B. Ardent
C. Blasphemy
D. Proposal
Direction (Q4 – Q5): Select the antonym of the highlight word referred in the sentence.
4. When defection is seen as a serious menace by the Constitution, courts should not act in
furtherance of it.
A. Indignant
B. Comfort
C. Clique
D. Laconic
5. It is in this backdrop that judicial intervention in matters relating to disqualifying lawmakers for
defection takes place — either buying the dissidents time or allowing disqualification
proceedings to go on unhindered
A. Restricted
B. Strife
C. Relegate
D. Uniform
Direction (Q6 – Q10): Spot the grammatical error in the given sentence [Answer]
6. The celebrations continue (A)/ through the evening as more (B)/ and more friends joins(C)/ in
the fun and frolic. (D)/ no error (E)
7. The actress believes in (A)/ being fit and feels that there (B)/ are too much hip around size zero
(C)/ in the entertainment world. (D)/ no error (E)

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8. While the actress wins fans for (A)/ herself on screen fireworks it’s her (B)/ down to earth
attitude and easy going manner (C)/ that wins her friends. (D)/ no error (E)
9. Even though the exchange attract (A)/ the attention of all those present at (B)/ the police
station, the inspector continued (C)/ his tirade against the girl. (D)/ no error (E)
10. The market continues to be positive (A)/ and in the next quarter we expected (B)/ the trend to
continue with (C)/ the faith of investors. (D)/ no error (E)
Cloze test based on Editorial: The Digital Rupee [Answer]
CBDCs are essentially fiat currencies issued in the virtual/electronic form. Their appeal or the interest
in issuing them has gained traction with the rapid surge of cryptocurrencies, the increasing popularity
of blockchain technology, and the benefits that many argue stem _______11_________ its adoption.
Among the likely benefits claimed by advocates of CBDCs are the acceleration of financial inclusion,
lower costs for financial transactions, especially in the case of cross-border transactions, the
advantages of an alternate payments system, the creation of another instrument in the monetary
policy ________12___________ of central banks, the likely adverse impacts on corruption and money
laundering, among others. However, to what extent these benefits actually materialise will vary from
country to country depending on its specific economic scenario. On the _________13_________ side,
though, there are several possible risks associated with the introduction of CDBCs. In the case that
retail CBDC accounts are interest bearing, there are obviously implications for the banking system. It is
also possible that during periods of extreme uncertainty, depositors may choose to migrate away
from commercial banks, causing financial upheaval. Then there is also the question of whether CBDCs
will offer the same degree of _______14__________ as cash does.
11. A. Of B. Out C. Against D. From

12. A. Arsenal B. Allocate C. Expedient D. Adherent

13. A. Refute B. Flip C. Dissolution D. Peremptory

14. A. Anonymity B. Stymie C. Paradox D. Engender
15. Which among the following will be the third sentence of the paragraph after the
rearrangement?
P. The announcement follows reports of central bank officials informing the central board of
the RBI of a pilot project for the introduction of a Central Bank Digital Currency (CBDC).
Q. Some countries have already introduced CBDCs in some form or the other.
R. In the Union budget 2022-23, Finance Minister Nirmala Sitharaman proposed the
introduction of a digital currency to be issued by the Reserve Bank of India (RBI) in the coming
financial year.
S. More and more central banks across the world are beginning to explore the viability,
usefulness and value of digital currencies.
T. For instance, in 2020, the central bank of Bahamas issued a digital currency.
A. P B. R C. S D.Q

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Answer
1. C 2. A 3. D 4. B 5. A 6.C 7.C 8.D 9.A 10.B 11.D 12.A 13.B
14. A 15. D [Practice Exercise] [Cloze test]
Explanation
6. (C) ‘joins’ के फदरे ‘join’ का प्रमोग होगा क्मोंकक इसका subject ‘friends’ plural है ।
7. (C) ‘are’ के फदरे ‘is’ का प्रमोग होगा क्मोंकक ‘there’ के सार् प्रमोग भें आने िारा verb उसके फाद
प्रमक्
ु त noun मा pronoun के number तर्ा person ऩय ननबबय कयता है औय टदए गए िाक्म भें
‘there’ के फाद आने िारा noun ‘hip’ singular है ।
8. (D) ‘wins’ के फदरे ‘win’ का प्रमोग होगा क्मोंकक relative pronouns ‘who, which, that’ के फाद
आनेिारा verb उसके antecedent के number तर्ा person ऩय ननबबय कयता है औय प्रश्न भें टदए
गए िाक्म भें relative pronoun ‘that’ का antecedent ‘…attitude and…. manner’ plural है ।
9. (A) ‘attract’ के फदरे ‘attracted’ का प्रमोग होगा क्मोंकक िाक्म भें दी गई घटना past की है औय
part(c) भें प्रमक्
ु त verb ‘continued’ बी past tense भें है ।
10. (B) ‘Expected’ के फदरे ‘expect’ का प्रमोग होगा क्मोंकक part(a) भें verb ‘continues’ simple
present भें है औय part(b) भें ‘in the next quarter’ का प्रमोग future time का फोध कयाता है, न
कक past time का।
11. Stem from (phrasal verb) – arise from, originate from
12. Arsenal (noun) – An array of resources available for a certain purpose.
13. On the flip side (phrase) – Looking at a different or opposite aspect, possibility, or
result (associated with something)
14. Anonymity (noun) – The condition of being anonymous.
15. RPQTS
In the Union budget 2022-23, Finance Minister Nirmala Sitharaman proposed the
introduction of a digital currency to be issued by the Reserve Bank of India (RBI) in
the coming financial year. The announcement follows reports of central bank officials
informing the central board of the RBI of a pilot project for the introduction of a
Central Bank Digital Currency (CBDC). Some countries have already introduced
CBDCs in some form or the other. For instance, in 2020, the central bank of
Bahamas issued a digital currency. More and more central banks across the world
are beginning to explore the viability, usefulness and value of digital currencies.

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Explanation in English
6. (C) 'join' will be used instead of 'joins' because its subject 'friends' is plural.
7. (C) 'is' will be used instead of 'are' because the verb used with 'there' depends on
the number and person of the noun or pronoun used after that and what comes after
'there' in the given sentence The noun 'hip' is singular.
8. (D) 'win' will be used in place of 'wins' because the verb that comes after relative
pronouns 'who, which, that' depends on the number and person of its antecedent and
'relative pronoun' in the sentence given in the question that' of antecedent '…attitude
and…. manner' is plural.

9. (A) 'attracted' will be used instead of 'attract' because the event given in the sentence
is past and the verb 'continued' used in part (c) is also in past tense.

10. (B) 'expect' will be used instead of 'expected' because in part(a) the verb 'continues'
is in simple present and in part(b) the use of 'in the next quarter' gives a sense of
future time , not of past time.

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Explanation of other important words

Sr.NO Words Meanings
Q1 Tout verb To praise highly; to brag publicly about

Conjure verb To summon or bring into being as if by magic ,

Audacity noun Boldness; reckless daring; impertinence , ,

Q2 Invective noun Insulting or abusive speech

Tirade noun Prolonged, bitter speech

Chronicle noun A record of event in order of time; a history ,

Q3 Unremitting adjective Unceasing; unabated; relentless

Ardent adjective Passionate

Blasphemy noun Irreverence; an insult to something held ई - ,ई -

sacred; profanity

Q4 Indignant adjective Angry; especially as a result of something

unjust or unworthy; insulted.
Clique noun An exclusive group bound together by some
shared quality or interest

Laconic adjective Using few words, especially to the point of

seeming rude.

Q5 Strife noun Bitter conflict; Discord; a struggle or clash

Relegate verb To banish; to send away

Uniform adjective Consistent; unchanging; the same for

everyone
Q12 Allocate verb To distribute; to assign; to allot ,

Expedient adjective Providing an immediate advantage; serving , ,

one’s immediate self-interest; practical.

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Adherent noun Follower; supporter; believer ,

Q13 Refute verb To prove to be false; to disprove

Dissolution noun The breaking up or dissolving of something ,

into parts; disintegration

Peremptory adjective Final; categorical; dictatorial

Q14 Stymie verb To thwart; to get in the way of; to hinder

Paradox noun A True statement or phenomenon that

nonetheless seems to contradict itself; an
untrue statement or phenomenon that
nonetheless seem logical
Engender verb To bring into existence; to create; to cause ,

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