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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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Defections, Speaker and the Governor 1

Defections, Speaker and the Governor 1

Chapter:
(p.316) 51 Defections, Speaker and the Governor1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0061

This chapter looks at the role of speaker and the governor during the formation of the government, led by Kalyan Singh, in UP in 1997 in anti-defection law. After the withdrawl of support to the BJP-BSP coalition by Mayawati; Kalyan Singh attempted to cobble together the necessary number by inducting defectors from other parties into his government. The subsequent role of the speaker left much to be desired. The resulting crisis in Uttar Pradesh (UP) raises a host of constitutional issues: the governor's status; the ambit of his power to send messages to the state legislature; limitations on the imposition of president's rule; the president's relationship with his council of ministers; legal consequences of legislators' use of violence on the floor of the house and of the speaker's manifest lack of impartiality and reform of the anti-defection law. A simple reform of the anti-defection law can provide an effective cure, as the committee on defections recommended: bar the defector or splitter, from public office for a year.

Keywords:   governor, defection, speaker, Kalyan Singh, Uttar Pradesh Assembly, anti-defection law, reform

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