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Rajasthan Political Crisis: Legal Analysis

Author: Divya Issarani, Student, Hidayatullah National Law University, Raipur, India

Abstract

It has been a while since the country is witnessing so much in just one year. People dealing with their personal problems, international superpowers stirring world politics, border issues with Nepal, a boycott of Chinese products and encouraging the use of indigenous products for self-sufficiency, the keeping of foundation stone for construction of temple of Lord Rama at Ram Janam Bhoomi, in Ayodhya, etc. But another important issue going on is on the political fronts in Rajasthan. The State government, Congress headed by Chief Minister Ashok Gehlot faced dissent from the former Deputy Chief Minister, Sachin Pilot and 18 other Members of Legislative Assembly. The Speaker of Rajasthan Legislative Assembly, CP Joshi gave a show cause notice to them based on a petition presented before him by the Chief Congress whip, Mahesh Joshi, but eventually, the matter went to the Rajasthan High Court and the Supreme Court. The courts dealt with the powers of Speaker over the decision of disqualification of any MLA from the House, jurisdiction of High Court, the anti-defection law in the tenth schedule of the Indian Constitution and the grounds for disqualification of an MLA. The tenth schedule was incorporated to punish those elected members who left the political party on whose ticket they won the elections but then moved to another party for political and financial gains. In this article, the same will be discussed from a legal perspective by relying majorly on the Constitution and the cases with their judgements to better understand the stance of courts and the law.


Keywords: Anti-Defection Law, Grounds of Disqualification, Rajasthan Political Crises.

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