Need to strengthen anti-defection law: SC during Maharashtra floor test hearing
India Today
During the Maharashtra floor test hearing, the SC vacation bench said that anti-defection provisions are important and should be strengthened.
No doubt that Schedule X of the Constitution, which prescribes the anti-defection provisions, is an important Constitutional principle that has to be strengthened, said the Supreme Court on Wednesday.
With Uddhav Thackeray's resignation from the post of chief minister, the focus of the battle for Maharashtra has shifted away from the court proceedings over the floor test and disqualification of MLAs to the political numbers game in the Assembly.
However, the legal issues remain open, as the Supreme Court (SC) on Wednesday issued notice on the petition filed by the Shiv Sena's beleaguered Chief Whip Sunil Prabhu.
The SC vacation bench of justices Suryakant and JB Pardiwala held a detailed 3.5-hour hearing on Wednesday evening to consider whether it could issue a stay on the floor test ordered by Maharashtra Governor BS Koshiyari.
The court declined to stop the floor test but has issued notice to the Maharashtra Assembly secretariat and the Central Government to respond to the legal issues by July 11.
The court will also take up the pending petitions filed by the "rebel" faction led by Eknath Shinde on July 11.
These petitions have raised issues related to the balance between anti-defection provisions and the restrictions on the power of the Speaker to take up proceedings. They have also raised a question about the validity of the resolution passed by the "rebel" MLAs over the appointment of the chief whip.
