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SC revisits anti-defection law

February 06, 2016 01:40 am | Updated 01:40 am IST - NEW DELHI:

The Supreme Court on Friday started hearing arguments on the anti-defection law, which disqualifies MPs for crossing the floor. A three-judge Bench, headed by Justice Ranjan Gogoi, heard preliminary arguments and posted the case for February 12. The issue cropped up after Amar Singh and Jaya Prada, who were members of the Rajya Sabha and the Lok Sabha, respectively, moved the court on their expulsion from the Samajwadi Party on February 2, 2010, anticipating ouster from Parliament.

As per the interpretation of the anti-defection law by the Supreme Court in 1996, a member elected, or nominated, by a political party continues to be under its control even after expulsion. They felt this impinged upon the fundamental rights of the expelled members, including their rights to equality.

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