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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Expulsions and the Law on Defections 1

Expulsions and the Law on Defections 1

Chapter:
(p.183) 28 Expulsions and the Law on Defections1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0038

This chapter criticises Speaker of the Lok Sabha Shivraj Patil's thoughts about the expulsion of Janata Dal's twenty-five members in Lok Sabha from December 1990 to July 1992. Patil argued that the move by the expelled Janada Dal members should be not considered defection but a split since they made up one-third of the membership. The chapter suggests that if Patil is to treat it all as a split, he has to abandon the settled law on expulsions and propound new doctrines. It explains the relevant provisions of the anti-defection and the Tenth Schedule to the Constitution.

Keywords:   Shivraj Patil, expulsion, Lok Sabha, Janata Dal, defection, split, anti-defection law, Tenth Schedule of the Constitution

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