Anti -defection law is a must to be enacted if it doesn’t exist at all. Last night as I was watching Somalia television channels I stumbled upon The Horn Cable TV reporting `the defection of the Mayor of Berbera who stated in the presence of a dozen of Government Ministers that he voluntarily joined the ruling party. To my amazement, I wondered whether there has been an act or law in the Somaliland constitution that disqualifying the Parliamentarian - and the Councillor who gave up voluntarily the membership of the political party who gave him the ticket (‘the original political party’) to contest the election like in the case of India as I am well versed in the Indian politics. I hereby share with you the Indian Anti – defection law, if this Act is enacted it would thwart the parliamentarians as well as the councillors who wish to join other parties other than theirs. Anti-defection law: Tenth Schedule of the Constitution of India Grounds of disqualification: 1) Tenth Schedule of the Constitution of India provides that a member of Lok Sabha(Parliament) Rajya Sabha or Legislative Assembly of Legislative Council (hereafter referred as ‘Legislature’) is disqualified for being a member of the House if: (a) he voluntarily gives up the membership of the political party that gave him the ticket (‘original political party’) to contest the election; OR (b) if he votes or abstains from voting in the House contrary to any direction issued by the original political party without obtaining the prior permission of the Original political party and such voting has not been condoned by the original Political party with in fifteen days from the date of voting or abstention. 2) Thus, a member of Legislature is bound to follow the instructions of his original Political party in all matters that are put to vote in the House and will be disqualified if he does not follow these instructions. However, he will be saved from Disqualification if his original political party condones his action in violation of the Direction within fifteen days of voting. However, enacting this law would make our political environment very stable and no councillor or parliamentarian won’t resort to defection as this Act would disqualify them. In other words our constitution needs to be amended soon or later. Anti -defection law is a must to be enacted if it doesn’t exist at all. Last night as I was watching Somalia television channels I stumbled upon The Horn Cable TV reporting `the defection of the Mayor of Berbera who stated in the presence of a dozen of Government Ministers that he voluntarily joined the ruling party. To my amazement, I wondered whether there has been an act or law in the Somaliland constitution that disqualifying the Parliamentarian - and the Councillor who gave up voluntarily the membership of the political party who gave him the ticket (‘the original political party’) to contest the election like in the case of India as I am well versed in the Indian politics. I hereby share with you the Indian Anti – defection law, if this Act is enacted it would thwart the parliamentarians as well as the councillors who wish to join other parties other than theirs. Anti-defection law: Tenth Schedule of the Constitution of India Grounds of disqualification: 1) Tenth Schedule of the Constitution of India provides that a member of Lok Sabha(Parliament) Rajya Sabha or Legislative Assembly of Legislative Council (hereafter referred as ‘Legislature’) is disqualified for being a member of the House if: (a) he voluntarily gives up the membership of the political party that gave him the ticket (‘original political party’) to contest the election; OR (b) if he votes or abstains from voting in the House contrary to any direction issued by the original political party without obtaining the prior permission of the Original political party and such voting has not been condoned by the original Political party with in fifteen days from the date of voting or abstention. 2) Thus, a member of Legislature is bound to follow the instructions of his original Political party in all matters that are put to vote in the House and will be disqualified if he does not follow these instructions. However, he will be saved from Disqualification if his original political party condones his action in violation of the Direction within fifteen days of voting. However, enacting this law would make our political environment very stable and no councillor or parliamentarian won’t resort to defection as this Act would disqualify them. In other words our constitution needs to be amended soon or later. Anti -defection law is a must to be enacted if it doesn’t exist at all. Last night as I was watching Somalia television channels I stumbled upon The Horn Cable TV reporting `the defection of the Mayor of Berbera who stated in the presence of a dozen of Government Ministers that he voluntarily joined the ruling party. To my amazement, I wondered whether there has been an act or law in the Somaliland constitution that disqualifying the Parliamentarian - and the Councillor who gave up voluntarily the membership of the political party who gave him the ticket (‘the original political party’) to contest the election like in the case of India as I am well versed in the Indian politics. I hereby share with you the Indian Anti – defection law, if this Act is enacted it would thwart the parliamentarians as well as the councillors who wish to join other parties other than theirs. Anti-defection law: Tenth Schedule of the Constitution of India Grounds of disqualification: 1) Tenth Schedule of the Constitution of India provides that a member of Lok Sabha(Parliament) Rajya Sabha or Legislative Assembly of Legislative Council (hereafter referred as ‘Legislature’) is disqualified for being a member of the House if: (a) he voluntarily gives up the membership of the political party that gave him the ticket (‘original political party’) to contest the election; OR (b) if he votes or abstains from voting in the House contrary to any direction issued by the original political party without obtaining the prior permission of the Original political party and such voting has not been condoned by the original Political party with in fifteen days from the date of voting or abstention. 2) Thus, a member of Legislature is bound to follow the instructions of his original Political party in all matters that are put to vote in the House and will be disqualified if he does not follow these instructions. However, he will be saved from Disqualification if his original political party condones his action in violation of the Direction within fifteen days of voting. However, enacting this law would make our political environment very stable and no councillor or parliamentarian won’t resort to defection as this Act would disqualify them. In other words our constitution needs to be amended soon or later.
Posted on: Tue, 01 Oct 2013 09:41:49 +0000