AMAR SINGH versus UNION OF INDIA

AMAR SINGH versus UNION OF INDIA

In light of the legislative history and parliamentary debates, and considering the potential vulnerability of expelled members, the correctness of G. Viswanathan is doubted; the matter is referred to a larger bench and pending reference, G. Viswanathan's decision is not to be applied to the petitioners.

Parties
Petitioner: Amar Singh; Petitioner: Jaya Pradha; Respondent: Union of India
Jurisdiction
India
Judgment Date
15 November 2010
Procedural Posture
Writ Petition (civil) / Reference to Larger Bench
Outcome
Matter referred to larger bench.
Legal Topics
Disqualification of Members of Parliament, Tenth Schedule, Expelled Members, Anti Defection Law
Constitutional Law Disqualification of Members of Parliament Tenth Schedule Expelled Members Anti Defection Law

Case Brief

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Parties

Amar Singh

Petitioner

Jaya Pradha

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Reference to Larger Bench

Legal Issues

  1. 1 What is the status in either House of Parliament or the State Legislatures of a Member who is expelled from the party which set him/her up as a candidate for election?
  2. 2 Will the provisions of the Tenth Schedule to the Constitution apply to such Member?
  3. 3 Was the view taken in G. Viswanathan's case with regard to the status of Members in either House of Parliament who had not voluntarily resigned from their party but had been expelled therefrom, in harmony with the provisions of the Tenth Schedule to the Constitution?

Ratio Decidendi

In light of the legislative history and parliamentary debates, and considering the potential vulnerability of expelled members, the correctness of G. Viswanathan is doubted; the matter is referred to a larger bench and pending reference, G. Viswanathan's decision is not to be applied to the petitioners.

Court Disposition

Matter referred to larger bench.

Orders

  • Pending reference, the decision in G. Viswanathan's case shall not be applied to Amar Singh and Jaya Pradha.
  • Records to be transmitted to the Secretariat of the Chief Justice immediately.