Junior Science refresher

Junior Science refresher

Junior Science refresher Published this article page no 150  Among the Commonwealth countries antidefection law is prevalent in 23 nations. The antidefection law in Bangladesh Kenya South Africa and Singapore disqualifies a legislator on his ceasing to be member of the party or when he is expelled.The perceptible presence of antidefection laws in countries where democracy is in a growing stage indicate that the legislators in those countries are less informed on the principles of democracy.But the political ambience in developed democracies poses a picture of legislators with democratic values. o In the UK Parliament a member is free to cross over to the other side without being daunted by any disqualification law. o In the US Canada and Australia there is no restraint on legislators switching sides. 11 o Further she may not have legal knowledge and expertise to look upon and perform such acts in such cases.Unable to curb instability With not enough room for elected representatives to harbour a difference of opinion enmasse departures of rebelling legislators have become the political normal. Along with uprooting incumbent governments such departures can also bring governance to a grinding halt.Expulsion does not attract disqualification The law focuses on voluntary defection and remains silent about expulsion of a member from the party. Once expelled such a member would then be an independent in the House with an option of joining another party which presents a possible loophole for exploitation of the Schedule. How has the law been interpreted by the Courts while deciding on related matters?Interpretation of the phrase Voluntarily gives up his membership The phrase has a wider connotation than resignation. The Supreme Court has interpreted that in the absence of a formal resignation by the member the giving up of membership can be inferred by his conduct. o Members who have publicly expressed opposition to their party or support for another party should deemed to have resigned Junior Science refresher buy. 

Junior Science refresher