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| Name | Anti-Defection Law Landmark Judgement | Kihoto Hollohan v. Zachillhu | 1992 | 10th Schedule | SC |
| Video Uploader | Video From INDIA LEGAL |
| Upload Date | This Video Uploaded At 10-02-2024 07:07:58 |
| Video Discription | #IndiaLegal #indialegalshorts #LegalNewsUpdate The 10th Schedule of the Indian Constitution, is popularly referred to as the ‘Anti Defection Law’. This was inserted by the 52nd Amendment (1985) to the constitution. The 10th schedule is designed to prevent political defections prompted by the lure of office or material benefits or other like considerations. The Anti-defection law was passed by Parliament in 1985 and reinforced in 2002. It was to ensure that a party member does not violate the mandate of the party and in case he does so, he will lose his membership of the House. About the Case: Kihoto Hollohan V. Zachilhu and others This Case covers the disqualification of lawmakers and the powers of the Speaker in deciding such matters, which became part of the statute book in 1985 when the 10th schedule to the constitution was adopted. A constitutional challenge to the Tenth Schedule was mounted, which was settled by the apex court in ‘Kihoto Hollohan’. The principal question before the Supreme Court in the case was whether the powerful role given to the Speaker violated the doctrine of basic structure — the judicial principle that certain basic features of the Constitution cannot be altered by amendments by Parliament. Supreme court judgment: The majority judgment authored by Justices M N Venkatachaliah and K Jayachandra Reddy answered this question in the affirmative: The Speakers/Chairmen hold a pivotal position in the scheme of Parliamentary democracy and are guardians of the rights and privileges of the House. They are expected to and do take far reaching decisions in the Parliamentary democracy. Vestiture of power to adjudicate questions under the Tenth Schedule in them should not be considered exceptionable.” They added that the Schedule’s provisions were “salutary and intended to strengthen the fabric of Indian Parliamentary democracy by curbing unprincipled and unethical political defections. Welcome to the ‘India Legal’ YouTube Channel presented by APN News. This channel is dedicated to Legal Information. We cover everything from law case studies to detailed information on how the system works. We will share videos on how the Supreme court, high court, subordinate courts, legal aid, the law profession, and Alternative Dispute Resolution (ADR) works. If you are curious about Indian Law or are studying this subject, you have landed at the right place. "We are on a mission to make India aware of their rights and informed on legal matters." अगर आप भी अपने अधिकारो और हमारे देश की न्यायिक प्रक्रिया को जानना और समझना चाहते है, तो आप बिलकुल सही जगह आएं है, यहां मिलेगी आपको कोर्ट कचहरी से जुडी सभी जानकारियां, सिर्फ 1 क्लिक पर, सब्सक्राइब करें इंडिया लीगल। Feel free to share your feedback, ideas and thoughts on our content Contact@indialegallive.com Stay updated. Subscribe to our channel https://bit.ly/3HDWl3E Visit Our Website: https://www.indialegallive.com/ Facebook: https://www.facebook.com/indialegalme... Twitter: https://twitter.com/indialegalmedia Instagram: https://www.instagram.com/indialegalm... #Antidefectionlaw #10thschedule #supremecourt #legalvideos #legalinformation #lawexam #courtcase #courtjudgement #antidefectionjudgement #Tenthschedule #politicalparty #politicaldefection #partydefection #illegalpractices #politics #rulingparty #losingparty 2iXZlrwQTjQ |
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