What are the measures suggested by the SC to prevent anti-defection proceedings from becoming a charade
The Supreme Court has cautioned the Maharashtra Assembly Speaker to not reduce anti-defection proceedings into a charade. (source: Do not reduce anti-defection proceedings into a charade, SC cautions Maharashtra Assembly Speaker)
The Supreme Court has suggested several measures to prevent anti-defection proceedings from becoming a charade. Some of these measures include:
- Ensuring that the Speaker exercises his powers impartially and in accordance with the Constitution.
- Conducting a floor test to determine the majority support of a political party or coalition in the legislature before the Speaker takes any action.
- Conducting anti-defection proceedings within a reasonable time frame to prevent unnecessary delays and ensure prompt resolution.
- Allowing affected members to present their case and provide them with an opportunity to be heard before any decision is made.
- Maintaining transparency by publishing the reasons and findings behind the Speaker's decision.
- Ensuring that the Speaker's decision is based on valid and cogent grounds and is not arbitrary or whimsical.
- Subjecting the Speaker's decision to judicial review to ensure compliance with constitutional principles and prevent misuse or abuse of power.
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a year ago