Anti-Defection Law: A Critical Appraisal

TABLE OF CONTENTS
Abbreviations;
Table of Cases;
Chapter 1- Introduction;
Defection: Definition And Meaning;
Defection And Political Parties;
Whip System;
Democracy And Anti - Defection Law;
Anti - Defection Law In Different Jurisdictions;
Papua' New Guinea;
India;
South Africa;
New Zealand;
Consequences Of Defection Conceptual Context;
Research Methodology;
Scope and Limitation;
Methods of Data Collection;
Research Questions;
Hypotheses;
Chapterisation;
Chapter II - Historical Background of Defection Law in India;
Committee on Defection;
Recommendations of Committee on Defection;
The Constitutional (Thirty Second Amendment) Bill 1973;
The Constitution (Fourth Eight Amendment) Bill 1978;
Recommendations of the Election Commission;
The Constitution (52nd Amendment) Act 1985;
Presiding Officers and Anti Defection Law;
Rules under Para 8 of the Tenth Schedule;
Chapter III - Anti-defection Law: Judicial Response;
Anti defection Law;
Exception to Disqualification in Defection;
1. Disqualification on ground of defection not to apply in case of split;
11. Disqualification will not apply to Merger;
iii. Exception in the case of Presiding Officer of the House;
Decision on question as to disqualification on the ground of defection;
Judicial Review;
Rule Making power of the Speaker;
Constitutionality of Tenth Schedule;
Whether the Act is in consonance with the Constitution;
Decision in Kihoto Hallohan V Zachillhu;
Whether Tenth Schedule violative of 19 (1) (a) of the Constitution;
Whether tenth schedule is violative of basic structure?;
Chapter IV - Amendments to the Tenth Schedule;
Subsequent development after 52nd Amendment Act;
1. Role of speaker and anti-defection law;
11. Speaker's decision and defections (1990-2000) ;
Reasons for the Constitution (91st Amendment) Act 2003 ;
Text of the Amendment;
Consequence of the Amendment ;
Critical appraisal of 91st Amendment Act;
l. Amendment Of Art 75 and Art 164 of the constitution;
i. Regulating the number of ministers;
11. Disqualifying a defector member from Ministership;
2. Insertion of Article 361 (B);
Experiences after 91st Amendment Act;
Chapter V – Conclusion;
Bibliography;
Annexures.