What is the law-abiding law, which Pawar is citing - AB TAK NEWS

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Sunday, 24 November 2019

What is the law-abiding law, which Pawar is citing

What is the law-abiding law, which Pawar is citing.



When the Nationalist Congress Party (NCP) chief Sharad Pawar came to the press conference amidst the dramatic developments in Maharashtra on Saturday, he warned his party MLAs about the change-of-law act.

Actually, BJP is claiming the support of NCP MLAs under the leadership of Sharad Pawar's nephew Ajit Pawar. No one knows how much the number is. The NCP has 54 MLAs, while the BJP has 105 MLAs. The support of 145 MLAs is needed to form a government. What is the party-changed law, which NCP chief Sharad Pawar is giving. Let's know.

The anti-defection law came into existence on March 1, 1985, so that the legislators and MPs who had changed the party at their convenience could be curbed.

Before 1985, there was no law against change of party. At that time, the phrase 'Aaya Ram Gaya Ram' was very popular.

Actually in 1967, Gaya Lal, an MLA from Haryana changed the party three times in a day, after which Aya Ram Gaya Ram became popular.

But in 1985, the Congress government led by Rajiv Gandhi brought a bill against it.

In 1985, the 10th Schedule was added to the Constitution. This was the 52nd amendment to the Constitution.

In this, the change of party of MLAs and MPs was stopped. It was also told in this that due to change of party, their membership can also be ended.

When and when the law will be changed
1. If any MLA or MP himself gives up membership of his party.

2. If an elected MLA or MP goes against the party line.

3. If a member does not vote despite the party whip.

4. If a member violates the party's instructions in the House.

After becoming an MLA or MP, breach of party membership, party whip or party directive itself comes under party-change law.

But there are exceptions to this ……
If two-thirds of the MLAs or MPs of any party want to go with the other party, then their membership will not end.

This law was also amended in the year 2003. When this law was made, the provision was that if there is a division in a forgotten party and one third of the MLAs form a new group, then their membership will not go.

But after this, there was a lot of change in the party and it felt that the provision of breakdown in the party was being taken advantage of. Therefore, this provision was abolished.

After this, the 91st amendment was added to the constitution. In which not only individual but collective party change was declared unconstitutional.

MLAs can avoid losing membership under certain circumstances. If two-thirds of the members of one party separate from the original party and join the other party, then their membership will not go.

In such a situation, neither the members merging with the other party nor the members residing in the original party can be disqualified.

So under these circumstances the law will not apply
1. When the entire political party merges with other politics party.

2. If elected members of a party form a new party.

3. If the members of a party do not accept the merger of the two parties and at the time of the merger, they accept to be in a separate group.

4. When two-thirds of the members of a party separate and join the new party.

Speaker's decision may be reviewed
According to paragraph 6 of the 10th schedule, the decision of the speaker or chairperson will be final. Paragraph 7 states that no court can interfere in it. But in 1991, the Constitutional Bench of the Supreme Court upheld the 10th Schedule but made paragraph 7 an unconstitutional agreement.

The Supreme Court also made it clear that the Speaker's decision could be reviewed legally.

State of maharashtra

NCP has 54 MLAs, if Ajit Pawar gets the support of 36 MLAs, then the party-change law will not apply to them.

If they are not able to get so many numbers, then they can be subscribed.

In the press conference, Sharad Pawar has claimed that Ajit Pawar has only 10-11 MLAs.

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