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By Eswar
ELECTION REFORMS
Posted on 2019-07-18 02:54:31

1. Resignation should be accepted in 7 days?

 In India, nowadays, an MLA or MP elected on one party and jumping  into a different party (especially ruling party) has become a routine phenomenon as seen in AP, TS, Kar, GOA and even at Union level. 

The major cause for such resignations is power politics and malafide intention. On the other hand, it is giving a bad impression on Indian Democracy, it seems they no morale. 

          On the issue of resignation acceptance by Speaker (LS & Vidhana Sabha) have different opinions.  In some cases, respective Speakers taking time to give a decision on resignation from days to months.  There is no specific time frame.  But, the judiciary has review on Speaker decision on resignation.

          To answer this question, there is a need to amend 10th Schedule (Anti Defection Law). Imposing a time frame on giving a decision by the speaker with regard to resignation reduces volatility and clears confusion but it may lead to more appeasement from rebels and power struggle.

          To shun the practice of resignation, it is advisable to not allowing the candidates who made resignations for the remaining term of the respective house.   

  2.  MLA who resigned should not be eligible for re-election for 5 years after the resignation?

           Not making eligible for re-election for 5 years after the resignation may lead to no resignation but it increases the authority of the party over the candidates and violate to Fundamental rights.

         

         Hence, there is a need to revisit the 10th Schedule (Anti Defection Law) as defections, resignations in MLAs, MPs became common in India nowadays for vested interests.