Preposterous to say anti-defection law won’t apply: SC

In an important observation during night-long hearing on the Congress-JD(S) petition, the Supreme Court on Thursday said it would be preposterous to argue that MLAs, prior to taking oath in Assembly, would not face the anti-defection law if they defied their party whip.
This was the response from the bench of Justices A K Sikri, S A Bobde and Ashok Bhushan when attorney general K K Venugopal argued that the SC must not enter the political thicket of who gets invited to form government, which MLA extends support to which party during a floor test, and that it was a grey area whether an MLA prior to taking oath was amenable to disqualification under the anti-defection law (Tenth Schedule of the Constitution).

The bench said: “It is preposterous to argue that before the MLAs take oath they are not amenable to anti-defection law. This means it would be an open invitation for anyone to indulge in horse trading prior to MLAs taking oath.”

Venugopal argued that the SC could not…

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