Shiv Sena (UBT) MP Arvind Sawant criticized the BJP’s frequent references to the Emergency era, asserting that the current situation resembled an “undeclared Emergency,” eliminating the need for a formal imposition. He reminded the BJP of allegations by four Supreme Court judges that the government was interfering in judicial functions.
NEW DELHI: Former Chief Justice of India (CJI) DY Chandrachud faced criticism from the Shiv Sena (UBT), which accused him of inaction regarding the alleged violation of anti-defection laws following the party’s split.
The party also raised concerns about the “defilement” of the Constitution, echoing comments from other opposition parties questioning the judiciary’s independence under the BJP-led government.
Shiv Sena (UBT) MP Arvind Sawant criticized the BJP’s frequent references to the Emergency era, asserting that the current situation resembled an “undeclared Emergency,” eliminating the need for a formal imposition. He reminded the BJP of allegations by four Supreme Court judges that the government was interfering in judicial functions.
Sawant further accused the judiciary of failing to uphold the Constitution amid the anti-defection crisis in Maharashtra.
He stated, “The anti-defection law was blatantly ignored, and the Supreme Court judges lacked the courage to intervene. Was the Constitution upheld? An illegal government was sworn in, and the case lingered without resolution. The Speaker did not disqualify anyone despite the court’s orders. What happened to the Constitution and Ambedkar’s legacy?” He concluded by questioning, “Is the judiciary truly independent, or are cowards occupying its benches?”
What Is Anti-Defection Law
The Anti-Defection Law, enshrined in the 10th Schedule of the Indian Constitution, aims to curtail political defections driven by personal benefits, such as power or monetary gain. This law, introduced through the 52nd Constitutional Amendment Act, 1985, was designed to uphold the integrity of the democratic process and applies to members of both Parliament and State Legislatures.
The term defection refers to a situation where an individual abandons their political position or alignment to join an opposing group, often undermining the democratic mandate. The Anti-Defection Law seeks to ensure party loyalty by penalizing lawmakers who act against their party’s decisions.
Grounds for Disqualification
Under the 10th Schedule, a Member of Parliament (MP) or Member of a Legislative Assembly (MLA) can face disqualification on the following grounds:
- Voluntary resignation from their political party.
- Voting or abstaining from voting in violation of party directions without prior permission.
- Joining a political party after being elected as an independent candidate.
- Joining a political party by a nominated member after six months of their nomination.
Exceptions to Disqualification
Certain exceptions shield members from disqualification:
- Merger of Parties: If two-thirds of a party’s members agree to merge with another political party, disqualification does not apply to either faction.
- Speaker or Chairman’s Position: Individuals elected as Speaker or Chairman may resign from their party to perform their duties impartially and rejoin the party after stepping down.
- Party Splits: Previously, splits within a party could protect members from disqualification, but this provision has since been removed.
Decision-Making Authority
The authority to decide questions related to defection lies with the Speaker or Chairman of the respective legislative body. Their decision is considered final, though it can be subject to judicial review.
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