Anti-Defection Law

Anti-Defection Law lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.

Constitutional Provisions: The Tenth Schedule contains the following provisions with respect to the disqualification of members of Parliament and the state legislatures on the ground of defection.

Judicial Pronouncements

  • The Supreme Court in the Kihoto Hollohan versus Zachillu and Others, 1992 has said that judicial review cannot be available at a stage prior to the making of a decision by the Speaker/Chairman.
  • The Supreme Court in Nabam Rebia ....
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