Shine india monthly magazine Published this article page no 20 Conclusion Though discussion is already underway among presiding officers of legislatures on how to secure the Speakers dignity particularly in matters related to the defection of lawmakers there is an urgent need to take appropriate measures like the one suggested by the apex court to uphold democratic traditions and rule of law. A watchful Parliament forms the foundation of a wellfunctioning democracy and the presiding officers therefore are the key to securing the effectiveness of this institution. Related Information Interpretation of various aspects of the Antidefection law by the Supreme Courts Interpretation of the phrase Voluntarily gives up his membership The phrase has a wider connotation than resignation. The Supreme Court has interpreted that in the absence of a formal resignation by the member the giving up of membership can be inferred by his conduct. Members who have publicly expressed opposition to their party or support for another party should deemed to have resigned. Decision of the Presiding Officer is subject to judicial review The law initially stated that the decision of the Presiding Officer is not subject to judicial review. This condition was struck down by the Supreme Court in 1992 thereby allowing appeals against the Presiding Officers decision in the High Court and Supreme Court. However it held that there may not be any judicial intervention until the Presiding Officer gives his order Shine india monthly magazine buy.
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