Скачать или смотреть Which Circumstances will Triggering the 10th Schedule

Supreme Court of India
Maharashtra Crisis
AM Singhvi
Shiv Sena
CJI DY Chandrchud
Kapil Sibal
Uddhav Thackerey
Eknath Shinde
Tushar Mehta
The ‘real’ Shiv Sena
Law Role
📚 This Video is strictly for Legal Awareness & Education Purpose only
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📚 Video Topic :
🔥 The Tenth Schedule of the Indian Constitution, also known as the anti-defection law, comes into play in cases of defection by legislators from their political party. In the context of the Shiv Sena crisis, the Tenth Schedule would "bite" or be applicable under specific circumstances where MLAs are deemed to have defected from their party. Here are the key scenarios in which the Tenth Schedule would apply:

Circumstances Triggering the 10th Schedule

1. Voluntarily Giving Up Membership:
If an MLA voluntarily gives up membership of their political party. This does not require a formal resignation but can be inferred from their actions, such as joining another party or aligning with another faction against the party's directives.

2. Voting or Abstaining Against Party Whip:
If an MLA votes or abstains from voting in the legislative assembly contrary to the directives (whip) issued by their party, without prior permission. The party can then petition the Speaker to disqualify the MLA under the anti-defection law.

Application in the Shiv Sena Crisis

1. Split and Competing Factions:
In the Shiv Sena crisis, the party split into two factions: one led by Uddhav Thackeray and the other by Eknath Shinde. Each faction claimed to be the legitimate representative of the Shiv Sena.

2. Defection Allegations:
If members of the Shiv Sena, originally aligned with Uddhav Thackeray, joined or supported the Eknath Shinde faction without following the party's official process, they could be considered to have voluntarily given up their party membership.

If a whip was issued by the Uddhav Thackeray faction and MLAs from the Shinde faction voted against it or abstained, this would also trigger the Tenth Schedule.

Legal and Constitutional Process

1. Petition for Disqualification:
The faction claiming to be the original party (likely the Uddhav Thackeray faction) can file a petition with the Speaker of the Legislative Assembly seeking disqualification of the MLAs who defected.

2. Role of the Speaker:
The Speaker of the Legislative Assembly is responsible for adjudicating petitions for disqualification under the Tenth Schedule. The Speaker will examine the evidence and decide whether the MLAs have violated the anti-defection law.
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