Six pertinent questions on anti-defection law troubling Indian politics that the Supreme Court refused to clarify on:
These six questions were referred to the larger Bench in November 2010 by a two-judge Bench of Justices Altamas Kabir and Cyriac Joseph.
| 1 | What is the status in either House or Parliament or the State Legislature of a Member who is expelled from the party which set him/her up as a candidate for election? |
| 2 | Will the provisions of the Tenth Schedule apply to such Member? |
| 3 | Was the view taken by the Supreme Court in G. Viswanthan’s case in harmony with the provisions of Tenth Schedule? |
| 4 | Since expelled members are not referred in Tenth Schedule, was the decision in Viswanathan’s case a correct interpretation, viz that the Members continue to belong to such a party which had set them up as candidates in the election? |
| 5 | Can it be said that when a Member of either House of Parliament is expelled joins another political party or forms his own party, that he had voluntarily given up his membership of the party? |
| 6 | What is the status of unattached member in either House of Parliament? |
