Hindi English Translation || Editorial || The essence of time: On courts and the anti-defection law

The essence of time: On courts and the anti-defection law

Judicial intervention (हस्तक्षेप) should strengthen anti-defection law (दलबदल विरोधी कानून), not undermine (कमजोर, कम करना) it

Time is of the essence (सार, सिद्धांत, गुण) when it comes to executing political manoeuvres (activity, plan/operation, stratagem, tactic (carefully planned)) to reduce a government to a minority. Dissident (मतभेद करनेवाला, असहमति) legislators (विधायक) need time to gather enough numbers to vote out (to remove/oust someone from a position/office by voting) the regime (प्रशासन, सरकार). Ruling parties need to close the window of opportunity (lucky chance, good time, golden opportunity) soon, often using the threat of disqualification for defection. It is in this backdrop (पृष्ठभूमि, स्थिति, परिदृश्य) that judicial intervention in matters relating to disqualifying lawmakers (a member of a legislative body; legislator, representative) for defection takes place — either buying the dissidents (dissenter, objector, protester, nonconformist, rebel) time or allowing disqualification proceedings (कार्यवाही, गतिविधियों) to go on (जारी रखना, आगे बढ़ना) unhindered (निर्बाध, अबाधित). By its order granting time until July 12 to dissident Shiv Sena legislators in the Maharashtra Assembly to reply to the Deputy Speaker’s notice under the anti-defection law, the Supreme Court has effectively (प्रभावी रूप से, व्यावहारिक रूप से) made it possible for them to actualise (fulfil, achieve, accomplish) their objective (उद्देश्य, लक्ष्य, इरादा) without the threat of disqualification for now (अभी के लिए). It is doubtful whether the Court should have done this in the face of (despite, notwithstanding, regardless of; when confronted with) a specific bar (obstacle, impediment, hindrance, obstruction, hurdle, barrier, restriction, limitation, stumbling block) on judicial intervention in disqualification proceedings at any stage prior to final adjudication (न्यायिक निर्णय, मध्यस्थता, समझौता) under the Tenth Schedule (The 10th Schedule to the Constitution, popularly referred to as the ‘Anti-Defection Law,’ was inserted by the 52nd Amendment in 1985. The grounds of disqualification are specified in Paragraph 2 of the 10th Schedule. A member would incur a disqualification under paragraph 2 (1) (a) when he “voluntarily gives up his membership of a party” and under 2 (1) (b) when he/she votes (or abstains from voting) contrary to the directive issued by the party). In 1992 ( Kihoto Hollohan vs Zachillhu), a Constitution Bench (a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist). (A bench of two or three judges is called a division bench)), while upholding (confirm, endorse/approve, vindicate/validate) the validity of the anti-defection law, held that the Speaker’s decision was subject to (bound by, constrained by, answerable to, accountable to, liable to, under the control of) judicial review, albeit (though, even though, however) on limited grounds (reason, cause, basis, factor). It also made it clear that this should take place after a final decision, and there can be no interim (provisional, temporary, short-term, transitional) order, except if there is an interim disqualification or suspension (exclusion, debarment, removal, elimination, rejection, expulsion, ejection).

The Deputy Speaker’s grant (allocation, allotment, issuance, setting aside) of just two days for the MLAs to reply may have occasioned (cause, give rise to, bring about, result in, lead to, prompt, call forth) the intervention; but it is doubtful whether the Court should concern itself with the question now, when it can be decided after their possible disqualification. There are Court judgments that say compliance (adherence, observance, conformity) with natural justice is not based on the number of days given, but on whether sufficient opportunity was given before a decision. Based on a conclusion in Nabam Rebia (2016) that a Presiding Officer (The Speaker (of the Parliament/Legislative Assembly)) should not adjudicate (adjudge, judge, decide, settle, resolve) any defection complaint while a motion (a written request or proposal to the court to obtain an asked-for order, ruling, or direction) for his own removal is pending, the dissidents sent a motion to get the Deputy Speaker removed. After he rejected it, the rejection has also been questioned in court, thus raising a jurisdiction (territory, region, province, district, area (to which a court of law or other institution can exercise its authority over suits, cases, appeals etc) question on the adjudicatory (relating to adjudication (a formal judgement); having the power to adjudicate (judge/arbitrate)) power of the Deputy Speaker, who, of necessity (necessarily, inevitably, unavoidably, inescapably), has to decide disqualification questions in the absence (omission, exclusion, unavailability, non-existence) of a Speaker. Motions to remove a Presiding Officer should not become a ploy (plan, scheme, tactic, manoeuvre, move) to circumvent (avoid, dodge, escape, sidestep) disqualification proceedings. If courts countenance (backing, help, assistance, aid, endorsement, sanction, approval) manoeuvres (devise, plan, plot, organize, arrange, orchestrate, choreograph, engineer) to pre-empt (forestall, anticipate, get in before) a decision on whether legislators camping (lodge, stay, reside temporarily) in another State and questioning the Chief Minister’s majority have incurred (become subject to, cause, give rise to, bring on, bring upon oneself) disqualification by “voluntarily (easily, without difficulty, effortlessly) giving up membership” of their party, they undermine the anti-defection law and render (make, cause to be, cause to become) nugatory (worthless/meaningless, futile, useless) rulings (decision, judgement, adjudication, verdict, pronouncement, resolution) by Constitution Benches. When defection is seen as a serious menace (threat/danger, risk/peril, intimidation) by the Constitution, courts should not act in furtherance (promotion, advancement, development, furthering/forwarding) of it. The duty to protect those wrongly disqualified is important, but so is calling to account defectors whose motives are suspect (suspicious, dubious, untrustworthy, questionable, doubtful).

Courtesy: The Hindu

Important Word List With Meaning

1.essence (noun)

Hindi Meaning - सार, सिद्धांत, गुण
English Meaning - ethos, principle, fundamental/basic quality, reality, actuality.

2.Anti-defection law (noun)

Hindi Meaning - दलबदल विरोधी कानून
English Meaning - The 10th Schedule to the Constitution, popularly referred to as the ‘Anti-Defection Law,’ was inserted by the 52nd Amendment in 1985. The grounds of disqualification are specified in Paragraph 2 of the 10th Schedule. A member would incur a disqualification under paragraph 2 (1) (a) when he “voluntarily gives up his membership of a party” and under 2 (1) (b) when he/she votes (or abstains from voting) contrary to the directive issued by the party.

3.intervention (noun)

Hindi Meaning - हस्तक्षेप
English Meaning - the process of intervening in something; involvement, interference, mediation, mediatorship, arbitration, conciliation, peacemaking.

4.undermine (verb)

Hindi Meaning - कमजोर, कम करना
English Meaning - reduce, diminish, impede, hinder.

5.dissident (adjective)

Hindi Meaning - मतभेद करनेवाला, असहमति
English Meaning - dissenting, disagreeing.

6.legislator (noun)

Hindi Meaning - विधायक
English Meaning - a member of a legislature (parliament/legislative assembly); lawmaker, representative.

7.regime (noun)

Hindi Meaning - प्रशासन, सरकार
English Meaning - government.

8.backdrop (noun)

Hindi Meaning - पृष्ठभूमि, स्थिति, परिदृश्य
English Meaning - situation, scenario, context.

9.proceedings (noun)

Hindi Meaning - कार्यवाही, गतिविधियों
English Meaning - activities, affairs, happenings.

10.go on (phrasal verb)

Hindi Meaning - जारी रखना, आगे बढ़ना
English Meaning - continue, carry on, proceed.

11.unhindered (adjective)

Hindi Meaning - निर्बाध, अबाधित
English Meaning - unopposed, unconfined, unconstrained, unimpeded.

12.effectively (adverb)

Hindi Meaning - प्रभावी रूप से, व्यावहारिक रूप से
English Meaning - practically, virtually, in effect.

13.objective (noun)

Hindi Meaning - उद्देश्य, लक्ष्य, इरादा
English Meaning - aim, intention, goal, purpose, target.

14.for now (phrase)

Hindi Meaning - अभी के लिए
English Meaning - for the time being.

15.adjudication (noun)

Hindi Meaning - न्यायिक निर्णय, मध्यस्थता, समझौता
English Meaning - arbitration, settlement, resolution, verdict.

16.of the essence (phrase)

English Meaning - vitally important, vital, essential, crucial, key, imperative, necessary, urgent, pressing.

17.manoeuvre (noun)

English Meaning - activity, plan/operation, stratagem, tactic (carefully planned).

18.vote out (phrasal verb)

English Meaning - to remove/oust someone from a position/office by voting.

19.window of opportunity (phrase)

English Meaning - lucky chance, good time, golden opportunity.

20.defection (noun)

English Meaning - desertion, absconding, decamping.

21.lawmaker (noun)

English Meaning - a member of a legislative body; legislator, representative.

22.dissident (noun)

English Meaning - dissenter, objector, protester, nonconformist, rebel.

23.buy time (phrase)

English Meaning - delay, linger, dally, take one’s time, drag one’s feet, be slow, hold back, lag behind, waste time.

24.actualise (verb)

English Meaning - fulfil, achieve, accomplish.

25.in the face of (phrase)

English Meaning - despite, notwithstanding, regardless of; when confronted with.

26.bar (noun)

English Meaning - obstacle, impediment, hindrance, obstruction, hurdle, barrier, restriction, limitation, stumbling block.

27.the Tenth Schedule (noun)

English Meaning - The 10th Schedule to the Constitution, popularly referred to as the ‘Anti-Defection Law,’ was inserted by the 52nd Amendment in 1985. The grounds of disqualification are specified in Paragraph 2 of the 10th Schedule. A member would incur a disqualification under paragraph 2 (1) (a) when he “voluntarily gives up his membership of a party” and under 2 (1) (b) when he/she votes (or abstains from voting) contrary to the directive issued by the party.

28.Constitution Bench (noun)

English Meaning - a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist). (A bench of two or three judges is called a division bench).

29.bench (noun)

English Meaning - a court of law with a number of judges.

30.uphold (verb)

English Meaning - confirm, endorse/approve, vindicate/validate.

31.held past participle of hold (verb)

English Meaning - decide, rule.

32.subject to (adjective)

English Meaning - bound by, constrained by, answerable to, accountable to, liable to, under the control of,

33.albeit (conjunction)

English Meaning - though, even though, however.

34.ground (noun)

English Meaning - reason, cause, basis, factor.

35.make clear (phrase)

English Meaning - explain, clarify, elucidate.

36.interim (adjective)

English Meaning - provisional, temporary, short-term, transitional.

37.suspension (noun)

English Meaning - exclusion, debarment, removal, elimination, rejection, expulsion, ejection.

38.grant (noun)

English Meaning - allocation, allotment, issuance, setting aside.

39.occasion (verb)

English Meaning - cause, give rise to, bring about, result in, lead to, prompt, call forth.

40.compliance (noun)

English Meaning - adherence, observance, conformity.

41.presiding officer (noun)

English Meaning - The Speaker (of the Parliament/Legislative Assembly).

42.adjudicate (verb)

English Meaning - adjudge, judge, decide, settle, resolve.

43.motion (noun)

English Meaning - a written request or proposal to the court to obtain an asked-for order, ruling, or direction.

44.jurisdiction (noun)

English Meaning - territory, region, province, district, area (to which a court of law or other institution can exercise its authority over suits, cases, appeals etc.).

45.adjudicatory (adjective)

English Meaning - relating to adjudication (a formal judgement); having the power to adjudicate (judge/arbitrate).

46.of necessity (phrase)

English Meaning - necessarily, inevitably, unavoidably, inescapably.

47.absence (noun)

English Meaning - omission, exclusion, unavailability, non-existence.

48.ploy (noun)

English Meaning - plan, scheme, tactic, manoeuvre, move.

49.circumvent (verb)

English Meaning - avoid, dodge, escape, sidestep.

50.countenance (noun)

English Meaning - backing, help, assistance, aid, endorsement, sanction, approval.