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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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Resignation of Disqualified Ministers 1

Resignation of Disqualified Ministers 1

Chapter:
(p.194) 30 Resignation of Disqualified Ministers1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0040

This chapter focuses on the conflict between Prime Minister Chandra Shekhar and Lok Sabha Speaker Rabi Ray because of the latter's decision to disqualify eight Janata Dal members of Lok Sabha under the anti-defection law. Ray ruled that these Lok Sabha members, who are also ministers, should be treated as strangers in the house. But Chandra Shekhar rejected the ministers' resignation and argued that they can remain in office for another six months. The chapter discusses B. R. Ambedkar's 1948 exposition of the relevant Article 75 of the Constitution which shows that Shekhar is wrong because the exemption clause applies only to ministers who initially lack the qualification of membership of parliament and not to those who were disqualified under the election law.

Keywords:   Chandra Shekhar, Rabi Ray, Janata Dal, Lok Sabha, anti-defection law, ministers, B. R. Ambedkar, Article 75, Constitution, election law

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