• Home
  • About Us
  • Courses
    • Mains
    • Prelims
  • Current affairs
  • Blog
  • Contact
  • Forum
  • Shop
      • Cart

        0
    Have any question?
    (+91) 733 083 3391
    info@iasbee.com
    RegisterLogin
    IAS BEEIAS BEE
    • Home
    • About Us
    • Courses
      • Mains
      • Prelims
    • Current affairs
    • Blog
    • Contact
    • Forum
    • Shop
        • Cart

          0

      CURRENT AFFAIRS

      • Home
      • Blog
      • CURRENT AFFAIRS
      • November 14th Editorial

      November 14th Editorial

      • Posted by BEE
      • Categories CURRENT AFFAIRS, Editorials, Mains Capsule
      • Date November 14, 2019

      14th November 2019

      TOPIC: Parliament and State Legislatures. (Paper II)

      Discuss the anti-defection law and its use in current politics.

      Introduction

      While upholding the Karnataka Speaker’s orders disqualifying 17 defectors this year, the Supreme Court has allowed the former legislators to contest the by-elections to Assembly seats. 

      Background

      • Most of them had tried to resign from their respective parties in July. It was seen as a ploy to bring down the JD(S)-Congress regime of H.D. Kumaraswamy.
      •  The suspicion was that they would get ministerial positions as soon as BJP formed a BJP government. 
      • The then Speaker kept them at bay for days by refusing to act on their resignations.
      •  Ultimately, he disqualified all of them and said the disqualification would go on till 2023 — the end of the current Assembly’s term. 
      • The Speaker’s stance was quite controversial as it created a conflict between resignation and disqualification.
      •  Now, his argument that resignation could not be an excuse to evade a disqualification has been accepted. 
      • The Speaker was also hoping to keep the defectors out of any alternative regime as members disqualified for defection are barred from becoming ministers until they get re-elected.

      What happens now?

      • The former Janata Dal (S) and Congress MLAs are free to contest the polls.
      • They may reap the benefits of their crossover by getting a ticket from the ruling BJP.

      Welcome move

      • On the one hand, resignation does not take away the effect of a prior act that amounts to disqualification. 
      • On the other, Speakers are not given a free pass to sit on resignation letters indefinitely.
      •  Under Article 190(3), a provision under which the Speaker has to ascertain the “voluntary” and “genuine” nature of a resignation before accepting it, the court is clear that it is a limited inquiry to see if the letter is authentic and if the intent to quit is based on free will.
      •  Once it is demonstrated that a member is willing to resign out of his free will, the Speaker has no option but to accept the resignation, the court said.
      • This ends the argument that the Speaker is empowered to consider the motives and circumstances whenever a resignation is submitted.
      •  The verdict bemoans the fact that Speakers tend not to be neutral, and that change of loyalty for the lure of office continues despite the anti-defection law. 

      Conclusion

      Identifying its weak aspects and strengthening the law may be the answer.

       

      • Share:
      author avatar
      BEE

      Previous post

      RAJYA SABHA TV /ALL INDIA RADIO (13th November 2019)
      November 14, 2019

      Next post

      November 15th Editorial
      November 15, 2019

      You may also like

      RAJYA SABHA TV /ALL INDIA RADIO (26th November 2019)
      28 November, 2019

      26th NOVEMBERM, 2019 RAJYA SABHA TELEVISION   DESH-DESHANTAR: SC/ST & Constitutional empowerment Introduction  On 26th November 2019, India is witnessing its 70th year of the Constitution day. The constitution makers has taken into the account of the under privileged section …

      RAJYA SABHA TV /ALL INDIA RADIO (22nd November 2019)
      28 November, 2019

      22nd NOVEMBER, 2019 RAJYA SABHA TELEVISION   VISHESH: ROLE OF GOVERNOR Introduction  Every time there is a hung assembly, it’s the governor who uses his discretion that often favors the party or alliance at the Centre. Whether it is Maharashtra …

      November 27th Editorial
      27 November, 2019

      27th November 2019 TOPIC:  Issues relating to development and management of Social Sector/Services relating to Health, Education, human resources. (Paper II) Discuss how sanitation cannot be a separate ideal without reference to other forms of deprivation. Introduction India’s high-profile Swacch …

      Search

      iasbee-Logo

      Latest Posts

      RAJYA SABHA TV /ALL INDIA RADIO (26th November 2019)
      28Nov2019
      RAJYA SABHA TV /ALL INDIA RADIO (22nd November 2019)
      28Nov2019
      November 27th Editorial
      27Nov2019
      November 26th Editorial
      27Nov2019
      November 25th Editorial
      27Nov2019

      Latest Courses

      INDIAN POLITY

      INDIAN POLITY

      Free
      ART&CULTURE

      ART&CULTURE

      ₹200.00 ₹99.00
      ART&CULTURE

      ART&CULTURE

      ₹69.00
      ECOLOGY & ENVIRONMENT

      ECOLOGY & ENVIRONMENT

      ₹200.00 ₹99.00
      HISTORY-ANCIENT INDIA

      HISTORY-ANCIENT INDIA

      ₹300.00 ₹99.00
      Indian Economy

      Indian Economy

      ₹299.00 ₹99.00
      iasbee
      (+91) 733 083 3391
      info@iasbee.com
      Facebook Twitter

      Privacy

      • Privacy policy
      • Terms of use
      • Terms and Conditions
      • Place Orders with IASBEE
      • Refund policy

      Links

      • Courses
      • Blog
      • FAQs

      Copyright ©2019 All rights reserved by IASBEE. Powered by Gridlogs.

      Login with your site account

      Lost your password?

      Not a member yet? Register now

      Register a new account

      Are you a member? Login now