91st Amendment Act

DEFECTION AS MERGER: ANTI-DEFECTION LAW, POLITICAL MERGERS, AND SUPREME COURT JUDGMENTS

The Tenth Schedule's Paragraph 4 exempts two-thirds of legislators merging from disqualification. Recent wholesale defections expose this loophole, transforming splits into legal mergers. Reforming the Speaker's adjudication power and defining mergers strictly prevents the anti-defection law's complete redundancy.

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POLITICAL PARTY MERGERS: LEGAL FRAMEWORK, JUDICIAL VIEWS, AND REFORMS

The Anti-Defection Law is undermined by the "Merger" loophole, which incentivizes mass defection. Experts recommend abolishing the 2/3rd exemption and transferring adjudication from the Speaker to an independent tribunal to protect the voter’s mandate and democratic stability.

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