Defection law: party membership breaches can trigger legislative disqualification, with presiding officers empowered to decide finality. The Schedule prescribes disqualification on ground of defection where a member voluntarily gives up party membership or votes/abstains contrary to party directions without prior permission or subsequent condonation; defines relevant terms for elected and nominated members; exempts specified presiding officers and permits an exception for party mergers with a two thirds legislature party threshold; vests final decision on disqualification in the Speaker/Chairman, treats proceedings as parliamentary/legislative, bars judicial review, and authorises presiding officers to make procedural rules subject to House scrutiny.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Defection law: party membership breaches can trigger legislative disqualification, with presiding officers empowered to decide finality.
The Schedule prescribes disqualification on ground of defection where a member voluntarily gives up party membership or votes/abstains contrary to party directions without prior permission or subsequent condonation; defines relevant terms for elected and nominated members; exempts specified presiding officers and permits an exception for party mergers with a two thirds legislature party threshold; vests final decision on disqualification in the Speaker/Chairman, treats proceedings as parliamentary/legislative, bars judicial review, and authorises presiding officers to make procedural rules subject to House scrutiny.
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