BEWARE OF FAKE INSTITUTES WITH SIMILAR NAMES. blank    blank
banner

Anti-Defection Law: Speaker's Role and Judicial Oversight.



  Oct 17, 2023

Anti-Defection Law , Speaker and the Judiciary



Understanding Anti-Defection Law and the Role of Speaker: Is the Speaker Subject to Judicial Oversight?

Answer:

Yes, the Speaker falls under judicial jurisdiction for the following reasons:

Constitutional Mandate: The Speaker is subject to judicial oversight due to the constitutional mandate. They are required to adhere to the principles of the Anti-Defection Law, which is a constitutional provision. As a result, their decisions are subject to judicial review.

Checks and Balances: Our Constitution is designed with a system of checks and balances. By allowing the judiciary to scrutinize the Speaker’s decisions, it ensures that the law is applied impartially and in accordance with the constitutional framework.

Protection of Democracy: Subjecting the Speaker to judicial scrutiny safeguards the democratic process. This ensures that decisions related to defection are made transparently and without bias, ultimately preserving the integrity of our democratic institutions.

Constitutionality of Decisions: The Anti-Defection Law necessitates that the Speaker of an assembly or Lok Sabha must consider the constitutionality of decisions related to defection. This ensures that the law is upheld in accordance with the constitutional framework.

Due Process and Natural Justice: Speakers play a crucial role in upholding due process and principles of natural justice when dealing with defection cases. They are responsible for providing a fair hearing to the concerned members and ensuring that justice is served.

Function: In defection cases, the Speaker acts as a quasi-judicial tribunal, making decisions that impact the membership of elected representatives. This function makes them subject to the jurisdiction of the Apex Court to ensure the legality and fairness of their rulings.

Get Ready for Civil Services with SRIRAM’s Classes
SRIRAM’s Classroom Elevate Your Learning!


Share:
 

Get a call back

Fill the below form to get free counselling for UPSC Civil Services exam preparation

 
UPSC DAILY CURRENT AFFAIRS

 
MULE ACCOUNTS AND RBI’S MEASURES
 
INDIA: COUNTER-PIRACY IN RED SEA
 
Indian Navy anti-piracy operation
 
LANDFILLS:WASTE MANAGEMENT CRISIS IN INDIA'S MEGA CITIES
 
Producer Price Index (PPI) in India: Understanding the Basics
 
STARTUPS for SOCIAL DEVELOPMENT IN INDIA
 
INDIA’S CHALLENGE OF URBAN FLOODS
 
SEPARATION OF POWERS IN INDIA
 
INDIA-TAIWAN RELATIONS: A GROWING PARTNERSHIP
 
GLOBAL “SWING STATES” AND THE WORLD ORDER
 
CONSTITUTION BENCH OF SUPREME COURT OF INDIA
 
KARGIL WAR 25TH ANNIVERSARY
 
MARXIST SCHOOL OF MORALITY AND ETHICS
 
MIDDLE CLASS VALUES
 
SAFE HARBOUR RULES IN INDIA