SC refused to stay disqualification of MLAs from HP Assembly

The Supreme Court (SC) refused to stay the disqualification of MLAs from HP Assembly, upholding the Speaker’s decision to disqualify six rebel Congress MLAs from Himachal Pradesh Assembly.

Disqualification of MLA by Anti-Defection Law:

• The Anti-Defection Law serves as a safeguard against the instability caused by elected members switching parties or defying party directives in both the Parliament and state legislatures.
• Members of a political party face disqualification if they either voluntarily leave the party, join another, or disobey the party’s voting instructions without authorization or forgiveness within 15 days.
• Independent members who join a party after being elected, and nominated members who join a party six months after taking their seat, also face disqualification.
• However, the law provides exceptions, notably during mergers where two-thirds of the party members agree, and for members who leave or rejoin a party after serving as the presiding officer, aimed at maintaining the office’s dignity.

Decision-Making:

• The authority to decide on disqualification cases rests with the Speaker or Chairman of the House, placing significant power in their hands.

Implications:

• The potential for mass defections, especially through mergers, poses a threat to political stability and the core values of democracy.
• The power vested in the Speaker to decide on defections could potentially conflict with the rights of individual MPs or MLAs, sparking debates on the balance between authority and individual freedoms.
• The 91st Amendment Act of 2003 further tightens measures against defection, removing protections for party splits and reinforcing the commitment to political integrity.

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