TENTH SCHEDULE TO THE CONSTITUTION OF INDIA
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In the middle of 2003, a unanimous decision was taken by the Cabinet to dissolve the Assembly. The establishes term-based to recommend legal reforms, facilitating the rule of law. Again in case of Waman Rao V Union of India , the Supreme Court held that the amendment to the Constitution which was made before April 24 1973, and by which the Ninth Schedule to the Constitution was amended from time to time by addition of various Acts and Regulations are valid and constitutional. The provisions do not violate any right or freedom under Articles 105 and 194 of the Constitution. Article 31-B was inserted by the First Constitutional Amendment Act 1951 which states that without prejudiced to the generality of the provisions contained in Article 31-A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provisions is inconsistent with, or takes away or abridges any of the rights conferred by , any provisions of this part, and notwithstanding any judgment , decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent legislature to repeal or amend it, continue in force.
The Tenth Schedule of Indian Constitution contains provisions relating to (1
These questions which the 5 Judge Constitutional Bench referred to higher bench to decide were as follows: Whether an Act or Regulation which, or a part of which, is or has been found by the Supreme Court to be violative of any of the Articles 14, 19 and 31 can be included in the Ninth Schedule; Whether it is only a Constitutional Amendment amending the Ninth Schedule that damages or destroys the basic structure of the Constitution that can be struck down. Each new assembly had sovereign power to draft and enact a new constitution for the separate states. Its provisions do not suffer from the vice of subverting democratic rights of elected members of the Parliament and the Legislatures of the States. Indemnify the President and Vice President Election procedure from challenge on grounds of existence of any vacancies in the electoral college. But this does not necessarily mean that the members so expelled lose their seats in the House.
Analysing the 10th Schedule
Amend articles 80 and 81. The Constitution 29th Amendment Act, 1972 added 20 more laws. Membership , Sanjay Phakey, , , , , , , Sandipkumar Patel, , , , and were key figures in the assembly, which had over 30 representatives of the. Later they joined a political party and news of their joining was reported in print as well as electronic media. However, Chogyal Tashi Namgyal was successful in getting a special status of protectorate for Sikkim.
Constitution of India, 1949
Tenth Schedule contains provisions as to disqualification on ground of defection. The Constitutional 76th Amendment Acts 1994 has been passed by the Parliament to accommodate Tamil Nadu Government's Legislation in the Ninth Schedule to take the legislation out of the ambit of the judicial review, which provided 69 percent reservation for backward classes. Also, a new article 2A was inserted after article 2 of the constitution of India. Such an amendment will be declared invalid, although no part of the constitution is protected from amendment; the basic structure doctrine does not protect any one provision of the constitution. Amend articles 269 and 270.
Analysing the 10th Schedule
It also provided for the disqualification of individual members defecting from the party through which the member was elected. Such petitions which go to the root of the democratic functioning and which raise the question, whether a particular legislator lawmaker is entitled to sit in the Legislature or not, should not be kept pending and dragged on by the Presiding Officers, with a view to save the membership of the persons, or even to save the Government, which enjoys majority only because of such type of persons. Till the time when Supreme Court decided and , the Hon'ble Court's view was in conformity and similar with that of the Legislature. In 1976, the Constitution 42nd amendment Act further added 64 laws to the Ninth Schedule. It was alleged that Shri Akhlaque joined the Samajwadi Party in a public meeting. On January 11 2007 while delivering the judgment the 9 Judge Constitutional Bench of the Supreme Court held that? Even here, the law is open to considerable interpretation, and in some state legislatures the bias of the Speaker leads to confusion, often resulting in litigation.
Constitution of India
It was alleged that Shri Akhlaque joined the Samajwadi Party in a public meeting. Amend articles 101 and 190. In case of Jeejeebhoy V Asst. Certain amendments pertaining to the constitution's federal nature must also be ratified by a majority of state legislatures. In another case an issue was raised that whether a member can be said to voluntarily give up his membership of a Party , if he joins another party after being expelled by his old political party, it was held by S.
Tenth Schedule
This law was passed so that it curbs the political deflections but the ever increasing hunger of our legislatures and with our excellent legal fraternity it was not a difficult task to find some loopholes in this law and they used it to their interest. Amend articles 330 and 332. Koya defied a party whip requiring him to be present in the House and vote against the Motion of Confidence for the government. Delhi continues to be a Union Territory. Para 7 seeks to change the operation and effect of Articles 136, 226 and 227 of the Constitution which give the High Courts and Supreme Court jurisdiction in such cases.
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To ensure that agrarian reform legislation did not run into heavy weather, the legislature amended the Constitution in the year 1951 which inserted Ninth Schedule. A complaint was made against them and speaker disqualified them from their membership. The full text of the Statement of Objects and Reasons appended to the bill is given below: The full text of the Statement of Objects and Reasons appended to the bill is given below: The people and the Varishta Panchayat of Free Dadra and Nagar Haveli have repeatedly affirmed their request to the Government of India for integration of their territories with the Union of India to which they rightly belong. He claimed he was too ill to be present in the House. The Courts of the land have been called upon to adjudicate upon and interpret almost all these provisions.