Governor’s Role in Summoning Legislature
- The recent tussle between Rajasthan Governor and the State Government over convening a session of the Assembly at a time when Speaker’s decision regarding rebel MLAs is pending has once again brought into focus Governors legislative power to summon the house.
- Notably, the deputy CM of Rajasthan and 18 MLAs had approached the Rajasthan High Court challenging the constitutionality of Paragraph 2(1)(a) of the Tenth Schedule (anti-defection) which makes “voluntarily giving up membership of a political party” liable for disqualification.
- The MLAs argued that the provision infringes into their right to express dissent and is a violation of their fundamental right to ....