Monday, February 21, 2011

Anti-Defection and the Karnataka High Court

A recent post on this blog covered the Karnataka High Court decision on anti-defection law. Two recent op-eds, one by C. V. Madhukar in the Indian Express and the other by Sudhir Krishnaswamy in the Sunday Guardian, present very different views on the judgment. Krishnaswamy's op-ed covers the important question about the admissibility of the petition; Madhukar's does not do so though I think it lies at the heart of the case. The other important question, which both consider at length, is of course whether an independent member who joins the government should be disqualified, what the wording implies in para 2(2) of the 10th schedule, and what kind of controlling precedent Jagjit Singh actually is.
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