MP cannot be disqualified if expelled by party: Centre to SC

first_imgNew Delhi, Feb 12 (PTI) A member of Parliament or assembly cannot be automatically disqualified after his or her expulsion from the party but may invite action by the Speaker for any overt act, the Centre today told the Supreme Court.The submission in this regard was made by Additional Solicitor General (ASG) P S Narasimha before a bench comprising of Justices Ranjan Gogoi, Arun Mishra and Prafulla C Pant, which is hearing a plea seeking to revisit its two decade old verdict on the anti-defection law under the 10th Schedule of the Constitution.The law states that a member elected or nominated by a political party continues to be under its control even after expulsion.The contentious issue of anti-defection law had cropped up after Amar Singh and cine star Jaya Prada, members of Rajya Sabha and Lok Sabha respectively, had moved Supreme Court on their expulsion from the Samajwadi Party on February 2, 2010, anticipating ouster from Parliament.Putting forth his arguments, the ASG said “upon expulsion from a political party, there is no automatic disqualification under the 10th Schedule of the Constitution from legislative assembly or Parliament and that member will continue as an unattached member as per the direction of the Speaker.”However, if there is any overt act of either joining any other political party voluntarily or defies any whip of any political party then he will attract the provision of the 10th Schedule and action can be taken against him by the Speaker.”Narasimha further said the 10th Schedule contemplated an “overarching principle” that “a legislator who is born into a House through a political party or as a nominated member or even as an independent candidate shall retain his birth mark and shall continue as such till the dissolution of the House.advertisement”This is the principle contemplated under 10th Schedule by operation of deeming fiction,” he said, adding that “this is a constitutional morality contemplated under the 10th schedule”. He submitted that legislators, who are expelled from a party, do not operate in the House as “nomads” joining an existing political party at will without attracting 10th schedule. (More) PTI SJK PPS RKS ARClast_img