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Showing contexts for: Anti-defection law in Combined Discussion On The Statutory Resolution Regarding Disapproval Of ... on 11 December, 2003Matching Fragments
Sir, a Bill of this nature, which ousts the ordinary jurisdiction of the judiciary in the country, has implications and it is provided in the Constitution of India that this kind of a Bill can not only be passed by Parliament, but it has to be passed by the State Legislatures also. The constitutional provisions are there. You are not taking any step here, but you are coming to the House through the Ordinance route. This is not acceptable. The Anti-Defection law was passed by this House, without its going to the State Legislatures. When the Anti-Defection law had said that no other court shall have the jurisdiction to go into the merit of the decision given by the Presiding Officer of this House, it was discussed by the Supreme Court and the Supreme Court said that you are curtailing the jurisdiction of the ordinary judiciary in the country and that is why, that provision is null and void. It was struck down. They were on the verge of striking down the entire Bill as such, but they did not strike down the entire Bill and struck down only that provision in the Bill which said that ordinary judiciary shall not have the jurisdiction. You are providing something of this nature. It has various implications.