Homework In Anti-defection Law - Eastern Mirror
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Editorial

Homework in anti-defection law

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By K Wapong Longkumer Updated: Jul 15, 2016 12:12 am

The Supreme Court verdict on July 13 to restore the Nabam Tuki government in Arunachal Pradesh was another setback for the BJP led NDA government at the centre. After winning the last general elections with an overwhelming majority, the NDA at the centre has been in to a series of misadventures. No sooner were the results of the Lok Sabha were out and the NDA forming the government at the Centre the BJP had its sights set on Bihar and Uttarakand.  It might have been over confidence boosted by the huge victory during the Lok Sabha polls it suffered setbacks after setbacks in trying to topple democratically elected governments in the states. It started with Bihar which boomeranged badly and consequently the BJP backed chief minister had to finally resign.  Then it lost the ensuing elections badly that saw Nitish Kumar back as chief minister.  Next was the Utarakhand episode when the centre tried to topple the government based on grounds that a money bill was not passed correctly in the State Assembly. It went ahead and imposed President’s rule in the state but the centre’s arguments did not hold much water and instead the Harish Rawat government was installed again by the Supreme Court. It was instead a blessing in disguise for the Congress government since it was able to expel the rivals in their party. On the direction of the Supreme Court a fresh floor test was held with the rivals being not allowed to vote and Harish Rawat won the test. Then came the Arunachal Pradesh episode wherein Governor Jyoti Prasad Rajkhowa who was appointed only in May 2015 convened the House in advance in December and the legislatures had an Assembly Session in a Hotel with the Deputy Speaker a rebel Congress on chair. The Governor anticipating disqualification based on the anti defection law had convened the house a month in advance. These events clearly indicate that the BJP that passed the 91st amendment when it was in power in 2003 still has not done its homework and analysis well on the anti defection law. It has repeatedly found itself on the wrong side of the said law in all these cases. The series of setbacks that the BJP has incurred has even made the image of Amit Shah, the President of the party questionable. Coincidentally and sadly for the BJP the SC verdict on Arunachal Pradesh came on a day when the BJP led North East Democratic Alliance was formed. Though nondescript till now, the recent media attention in the North East will now look forward to another hearing and judgement of the apex court related to anti defection law as the fate the 7 former Congress MLAs that joined the NPF  in Nagaland hangs in balance. Ironically it is expected that this judgement will also have a bearing on the fate of the 3 former NCP MLAs who joined the BJP in 2014.

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By K Wapong Longkumer Updated: Jul 15, 2016 12:12:10 am
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