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What is the 52nd Amendment of the Indian Constitution and why was it introduced?
It is Unethical in a democracy to Defect, Betraying the mandate of the people. Reasons to have The anti Defection Are as follows: . Anti Defection Leads to Political instability. . It undermines The principals of Ethics and Fairness in a Democracy . It erodes the faith of People in DemocracyRead more
It is Unethical in a democracy to Defect, Betraying the mandate of the people.
Reasons to have The anti Defection Are as follows:
. Anti Defection Leads to Political instability.
. It undermines The principals of Ethics and Fairness in a Democracy
. It erodes the faith of People in Democracy and Democratic Institutions.
. It leads to inconsistency in policymaking and Disqualification.
Reasons for Disqualification:
– If a member voluntarily gives up the Primacy membership of his party
– If an independent members joins a political party.
– Nominated members joining a party After 6 months.
– If less than 2/3rd members leave the party, Change the party, etc.
Decision making power Under xth Schedule:
. The Decision Under the Xth Schedule is taken By the Speaker of The house or The presiding officer.
. Decision under the Xth Schedule is Subject to Judicial Review ( Kihoto Hollohan case)
. The principal Of locus Standai doesn’t apply and Anybody can complain to the speaker.
Supreme court on the Xth Schedule:
. The supreme Court has Recommended that the decision Under the Xth Schedule should be taken By an independent Tribunal comprising of former judges because there a likelihood of the speaker being biased as he usually belongs to the Rulling party.
It is Hardly of Any doubt that After the Enactment of the Xth Schedule there has been some improvement in members Switching the Parties. But considering what has happened in many states in the last few years For ex- Maharastra, Madhya Pradesh etc. A revisiting of this Law is needed To Further Strengthening Our Democracy And Also ”making citizens of our country confident that their mandate will not be made a mockery of.”
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