science reporter Published this article page no 71 Indian Constitution historical underpinnings evolution features amendments significant provisions and basic structure Comparison of the Indian constitutional scheme with that of other countries. 1. Bombay High Court judgement related to Antidefection law Context The High Court of Bombay at Goa in its judgment delivered on February 25 held that the former members of the Congress Legislature Party (CLP) in the Goa assembly who had defected to the BJP are exempt from disqualification under paragraph 4(2) of the Constitutions Tenth Schedule referred to commonly as the antidefection law. Why did the High Court rule so? The court said that under subparagraph (2) of paragraph (4) the merger of this group of Congress MLAs with the BJP is deemed to be a merger of the original political party (Indian National Congress) with the BJP. Therefore these members are protected under paragraph (4). Provisions in this regard under the 10th schedule of the Indian Constitution Paragraph (4) of the Tenth Schedule exempts defectors from disqualification if their original political party merges with another party and twothirds of the members of that party in the legislature agree with the merger. Here in the case of Goa Ten of the 15 MLAs of the CLP in the Goa Assembly twothirds of the partys strength in the House had joined the BJP. But this judgement has raised a concern. What is it? Paragraph (4) of the Anti defection law contemplates the factual merger of the original political party science reporter buy.
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