Arms and the women

Paper:

Mains: General Studies- II: Governance, Constitution, Polity, Social Justice and International relations.

Background

Arguments put forward by the Govt.

Arguments in government affidavit against commanding posts for women in the Army are wrong and discriminatory

Significance

Way forward


Judicial indiscipline: On Rajasthan political crisis

Paper:

Mains: General Studies- II: Governance, Constitution, Polity, Social Justice and International relations.

Background

Context

Supreme Court

Anti-Defection Law

The 10th Schedule of the Indian Constitution (which talks about the anti-defection law) is designed to prevent political defections prompted by the lure of office or material benefits or other like considerations. The Anti-defection law was passed by Parliament in 1985 and reinforced in 2002.

10th Schedule – Provisions under Anti-Defection Law

The Tenth Schedule includes the following provisions with regard to the disqualification of MPs and MLAs on the grounds of defection:

Grounds for disqualification:

Exceptions under the Anti Defection Law

Deciding Authority

Is the decision of the Presiding Officer subject to judicial review?

Is there a time limit within which the Presiding Officer should decide?

How have the Courts interpreted the law while deciding on related matters?

Does the anti-defection law affect legislators’ ability to make decisions?

Several recommendations have come up regarding Anti-Defection:

Dinesh Goswami Committee: 

Recommendations include that disqualification should be only for cases such as:

Law Commission 170th Report: 

Election Commission: 

Make the President/Governor the decision-maker with respect to disqualification subject to binding advice from the Election Commission on the lines of disqualifications based on the Representation of Peoples Act’s provisions regarding the Office of Profit.

 Conclusion:

Regulation of the 10th Schedule along with the correct working directives that adhere to transparency and accountability in a democracy is the need of the hour. However, this provision should also aid stability in the government which would in turn, decrease corruption and steer the focus of the parliamentarians/legislators towards governance.

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