MLA DISQUALIFICATION: POLITY

MLA DISQUALIFICATION: POLITY

NEWS: Goa speaker dismisses disqualification petition against 8 Cong MLAs who joined BJP

 

WHAT’S IN THE NEWS?

The Speaker of the Goa Assembly dismissed a petition seeking the disqualification of eight Congress MLAs who joined the BJP in 2022, citing anti-defection laws in the Tenth Schedule.

Legal Basis: The petition argued disqualification under Para 2 of the Tenth Schedule and Article 191, alleging the MLAs “voluntarily gave up” Congress membership. It claimed that the merger requirements of Para 4 were not met, as two-thirds of Congress MLAs didn’t approve.

Speaker's Ruling: The Speaker ruled that MLAs aren't disqualified if their party merges with another, as per the Tenth Schedule, which includes a "merger exception."

Defection Context: Defection refers to switching political allegiance, which caused political instability in the 1960s-70s. The 52nd Amendment (1985) introduced the anti-defection law in the Tenth Schedule to curb this.

Anti-Defection Law Overview:

  • Introduced by the 52nd Amendment Act, 1985.
  • Provides disqualification for members who defect from their parties, per Article 102(2) and Article 191(2).
  • 91st Amendment Act, 2003 removed an exception for splits.

Disqualification Rules:

  • Party Members: Disqualified if they voluntarily give up party membership or disobey party directions without permission.
  • Independents: Disqualified if they join a party post-election.
  • Nominated Members: Disqualified if they join a party after six months in office.

Exceptions:

  • Merger: No disqualification if two-thirds of party members agree to merge with another party.
  • Presiding Officer: No disqualification if they resign from their party on becoming Speaker or Chairman.

Deciding Authority: The presiding officer decides disqualification cases. The Supreme Court in Kihoto Hollohan (1993) ruled that such decisions are subject to judicial review for mala fide or perverse rulings.

Source: https://economictimes.indiatimes.com/news/politics-and-nation/goa-speaker-dismisses-disqualification-petition-against-8-cong-mlas-who-joined-bjp/articleshow/114855053.cms?from=mdr