New Delhi: Central Government told to the Apex court of the country that, after the expulsion of the Member of Parliament or Member of Assembly from their party, he or she cannot be automatically, disqualified.
The statements were submitted before the honourable Supreme Court of India on this Friday, i.e. on 12th day of February, this year. And such statements were made on behalf of the Central Govt, by the Additional Solicitor General- ASG, P S Narasimha.
Such statements were made in relation to the matter pending before the Bench of honourable Supreme Court, in which the earlier Samajwadi Party’s two leaders, namely Amar Singh and Jaya Prada moved the Apex Court on their expulsion from the said party, anticipating ouster from parliament. They sought the re- consideration of the two decade old verdict given by SC on the issue of anti- defection law, under the Constitution of India’s Tenth Schedule.
Moreover, the concerned Bench of Supreme Court, comprising of Justice Ranjan Gogoi Justice Prafulla C Pant and Justice Arun Mishra was also told by ASG, Narasimha that the said expulsion may invite the action for any overt act by the Speaker.
Thus, as per Central Government, the expelled members cannot have said to be automatically disqualified from the Parliament or Legislative Assembly under the Constitution of India’s Tenth Schedule, however, as per the direction of the Speaker, such members may be allowed to continue as an unattached member. This may be taken as; such members will continue to be under the control of political party even after expulsion.
Further as contented by ASG- Narasimha, the Overarching Principle as contemplated under Tenth Schedule to the Constitution of India says that the legislator is born into the House through the Political Party or he may be nominated as Member or even as an independent candidate, but in the house he need to retain his birth. And such birth retaining should be continued till the House is dissolved.
Moreover, he submitted that the when the members are alleged to have done any overt act, by joining any other party or even by defying any whip of the party, then the provisions / principle contemplated under Tenth Schedule of Constitution will be attracted.
Adv. Faim Khalilkhan Pathan