Maharashtra Political Crisis: Is The Legislature Of Rebel Shiv Sainiks In Danger? Know All About Anti-defection Law

Maharashtra Political Crisis: The politics of Maharashtra has created a...

Maharashtra Political Crisis: The politics of Maharashtra has created a storm since yesterday. Under the leadership of senior Shiv Sena leader and cabinet minister Eknath Shinde in Maharashtra government, more than two dozen MLAs of Shiv Sena are present in Surat, Gujarat. Due to which a big crisis has come on the Mahavikas Aghadi government. There has been a gathering of 41 Shiv Sena MLAs in Guwahati. Due to which Uddhav’s government has come in minority. At the same time, apart from NCP and Congress, small parties and some independent MLAs have also been told to reach Surat.

Meanwhile, the question in everyone’s mind is whether the rebel MLAs will switch sides to the BJP camp. If this happens, then Shiv Sena can go to the Speaker of the Assembly and demand that these MLAs be disqualified under the Anti-Defection Act. Let us know what this law is and when it can be implemented.

what is anti-defection law

The anti-party law has a provision to penalize MPs and MLAs leaving one party and joining another party. Parliament included it in the Constitution in the form of the Tenth Schedule in the year 1985. Its purpose was to bring the government to stability by discouraging the legislators from changing parties frequently. After the 1967 general elections, legislators had defected and thrown out several state governments from power.

When does defection happen?

Under the law, there are three situations where MPs and MLAs switch sides. First, he should voluntarily give up the membership of his party. Second, when an MP and MLA have been elected independently and later join a party. Third, when the MLA or MP is nominated and he joins any political party within 6 months. In any of these three scenarios, if the law is violated, the defection MLA or MP is punished. In such cases the Speaker of the House has the power to disqualify the members. However, according to the Supreme Court, MPs or MLAs can challenge their decision in the High Court.

Also read: Emotional card of Uddhav on the path of father? 2 decades ago when Balasaheb had said that if you say Shiv Sainik, I will leave the post

Also read: Maharashtra Politics: High voltage political drama continues in Maharashtra, will Uddhav Thackeray have to leave CM’s chair now?

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