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Do you think time is ripe for the Parliament to reconsider if the disqualification petitions under Anti defection law should to entrusted upon Speaker? Examine in the backdrop of recent incidences.

Topic: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.

2. Do you think time is ripe for the Parliament to reconsider if the disqualification petitions under Anti defection law should to entrusted upon Speaker? Examine in the backdrop of recent incidences. (250 words)

Reference: Indian polity by Lakshmikant , barandbench.com

Why the question:

Recently in a judgment that raises important questions and also provides some clarity to anti-defection laws, the Supreme Court urged Parliament to have a rethink on whether a Speaker ought to decide on disqualification petitions filed under the Tenth Schedule to the Constitution of India.

Key Demand of the question:

Debate on the fact whether disqualification petitions under Anti defection law should to entrusted upon Speaker.

Directive:

Examine – When asked to ‘Examine’, we must look into the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.

Structure of the answer:

Introduction:

Start your answer with brief description of anti-defection law in the country.

Body:

Talk about 10th schedule. The Tenth Schedule provides the circumstances under which a Member of Parliament or a State Legislative Assembly can be disqualified for defecting to another party. Disqualification petitions under the Tenth Schedule are decided by the Speaker of the concerned House.

Such questions are best explained with recent examples witnessed across the Indian States with respect to powers of the Speaker and anti-defection law.

Suggest your opinion by justifying with suitable cases.

Conclusion:

Conclude with fair and balanced opinion.