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A Pragmatic Analysis Of Judicial Review On The Role Of Speaker In Defection


By Adithi CV, CHRIST (Deemed to be University) Bangalore.*

Abstract


Indian parliamentary democracy has provided the people of India a free and fair electoral process. In India a huge emphasis has seen to be placed on democracy and the values it imbibes. The parliamentary form of government has many essential figures for functioning of the state and upholding democratic values. One such role in this democratic process is that of a speaker. The role of speaker in the Indian democratic scenario has seen to evolve through ages. From pre independence to the present the role speaker has seen to play an integral part in the democratic set up. With enormous powers granted under the Indian constitution. The speaker enjoys various powers. However, after elections, political leaders have a tendency to view politics solely in terms of short-term interests and, thus, without the constraints of party doctrine, they frequently switch sides, resulting in a new type of political culture. In India the tenth schedule of the constitution the speaker is given the power to adjudicate the process of defection by members. Although defection is a heinous mischief of the parliamentary members, the wide and arbitrary powers granted under this schedule has seen to pose an imminent threat to the principles of justice. Although several judgements and amendments render to arbitrary power of the speaker under the constitution and the anti- defection laws there is an absence of conventional laws which regulate the role of the speaker in such instances. In light of the above mentioned issues the paper aims to look into the role of the speaker under the tenth schedule of the Indian Constitution. Additionally, the paper aims to look into various judicial precedents on the same issue and examine the power of judicial review in the above cases.


Keywords: Speaker, Parliament, Democracy, Anti- Defection, Constitution.


 

* The author is a third-year student pursuing B.A. LL.B. (Hons.) from CHRIST (Deemed to be University) Bangalore.

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Journal Details
Abbreviation: NLR 

ISSN:   2582-8479 (O)

Year of Starting: 2020

Place: New Delhi, India

Accessibility: Open Access

Peer Reviewer: Double Blind

Licensing:

 

​All research articles published in NLR and are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution, and reproduction in any medium provided the original work is properly cited.

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