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Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-6 | Issue-02 | 43-47
Original Research Article
Recent Trends of Frequent Defection of Members of Legislative Assemblies and Related Apex Court Verdicts: A Critical Study
Aishley Shrivastava, Sony Kulshrestha
Published : Feb. 9, 2021
DOI : 10.36348/sjhss.2021.v06i02.002
Abstract
The federal system of India has been guaranteed under the Indian Constitution to ensure independent functioning of state legislatures by their elected members, but unfortunately a frequent trend of defection have been witnessed. The anti-defection law was introduced to prevent such political defections by inserting tenth schedule in the Constitution of India in 1985. Still, several loopholes in law have permitted defections on several occasions and so many cases have been adjudicated by many High Courts and Supreme Court in this regard. Unfortunately, there are enough evidences of justice delivered in a flip-flop manner. Serious anomalies in decisions given by speakers and governors, in judgements delivered by respective High Courts and even the Supreme Court of India have failed to protect the aim and objective of Constitution of India as well as basic rights of citizens of India. In this article we have tried to critically address today’s scenario of political defections and role played by the judicial system.
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