๐๐๐ญ๐๐ข๐ฅ๐๐ ๐๐๐๐ฌ๐จ๐ง๐ฌ ๐๐๐ฅ๐๐๐ฌ๐๐ ๐ข๐ง ๐ญ๐ก๐ ๐๐-๐ ๐๐ฎ๐๐ ๐ฆ๐๐ง๐ญ ๐๐ฒ ๐ญ๐ก๐ ๐๐ฎ๐ฉ๐ซ๐๐ฆ๐ ๐๐จ๐ฎ๐ซ๐ญ:
The Supreme Court released detailed reasons in the 63-A judgment and held that the language of Article 63-A is very clear which does not need expansive interpretation and reading in. In the previous judgment, the Court had held that those who voted against the directions of party head, will be automatically defected and their votes will also be not counted.
The recent judgment rules this interpretation in access of power and the text of the Constitution stating that the said Article is self-executory; there is a proper mechanism for declaring a member defective and there is no mention in the Constitution that votes of defective members will not be counted. The Court held that if this is the case, no vote of no confidence might be possible as the opposition does not have majority in the Parliament and the party in the Government will not in any way allow its members to vote against the PM which will lead to not count their votes if cast against the party’s directions.ย How in such a scenario vote of no confidence can be possible?
c.r.p_197_2022_10102024
