An MLA from Karnataka has been disqualified from the State Legislative Assembly after being convicted by the Principal Special Judge for CBI cases in Hyderabad
Disqualification of Members of Parliament and Members of Legislative Assemblies
The disqualification of a Member of the Legislative Assembly (MLA) in India is mainly regulated by Article 191 of the Constitution, the Representation of the People Act, 1951, and the Tenth Schedule (anti-defection law).
The disqualification of a Member of Parliament (MP) in India is mainly regulated by Article 102 of the Constitution, the Representation of the People Act, 1951, and the Tenth Schedule (anti-defection law).
Disqualification According to Article 102
Desertion according to the Tenth Schedule:
Power to Determine Disqualification
MPs: The President of India determines disqualification as per Article 103, following a discussion with the Election Commission.
For defection (Tenth Schedule), the decision is made by the Speaker (Lok Sabha) or the Chairman (Rajya Sabha).
MLAs: The Governor determines disqualification according to Article 192, following consultation with the Election Commission of India. In cases of defection as per the Tenth Schedule, the decision is made by the Speaker of the Legislative Assembly.
Changes
Conclusion
The disqualification of Members of Parliament in India is regulated by a strong legal and constitutional structure designed to maintain the integrity of the legislature. Significant judicial actions have bolstered this framework by encouraging prompt accountability.
Nonetheless, ongoing issues such as political bias in disqualification choices and the criminalization of politics highlight the necessity for additional reforms.
Enhancing these measures is vital for preserving public confidence in democratic entities and guaranteeing a transparent and responsible political framework.
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