Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986

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 The Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986 is a cornerstone in the Indian judicial history, highlighting the delicate balance of power between the executive and legislative branches of government . The case stemmed from a practice that had become routine for the Bihar government: the re-promulgation of ordinances without legislative approval, a process that Dr. D.C. Wadhwa, an economics professor, found to be a subversion of democratic principles . The Supreme Court's decision in this case was a resounding affirmation of constitutional law and its supremacy over executive convenience. By declaring the practice of re-promulgating ordinances without legislative consent as unconstitutional, the court reinforced the necessity of legislative scrutiny and the impermanence of ordinances, which are meant to be emergency measures, not a backdoor for enacting laws. This landmark judgment serves as a reminder of the importance of checks and balances within
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Tenth Schedule of the Indian Constitution

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The Tenth Schedule of the Indian Constitution, also known as the Anti-Defection Law, is a significant legislative tool designed to ensure stability and integrity within the political framework of India. Instituted by the 52nd Amendment Act of 1985, this law addresses the issue of political defections, which can undermine the democratic process and the electorate's mandate.


The Anti-Defection Law outlines clear provisions for the disqualification of members of Parliament or State Legislatures on the grounds of defection. These provisions include:-

  • voluntary resignation from the party, 
  • voting against the party's direction, 
  • and for independent or nominated members, 
  • joining a political party post-election or after six months of nomination, respectively.


However, the law also provides exceptions to safeguard political realignments that reflect genuine shifts in ideology or policy agreement, such as in the case of a merger between political parties where at least two-thirds of the members consent to the integration.


The authority to make decisions regarding disqualification lies with the Speaker of the House or the Chairman, and their decision is deemed final. This aspect of the law has been a subject of debate and judicial scrutiny, as it places significant power in the hands of the presiding officers of the legislative bodies.


The Anti-Defection Law plays a crucial role in promoting political stability by deterring opportunistic shifts in party allegiance and ensuring that elected representatives remain true to the mandates upon which they were elected. It reinforces the principle that the allegiance of the representatives to their party and its ideology should not be compromised for personal gain.


The law's impact on the fluid dynamics of Indian politics has been profound, influencing party structures, legislative behavior, and the overall functioning of the parliamentary democracy in India. It underscores the importance of loyalty and discipline within the political parties, which is essential for the coherence and effectiveness of governance.


In conclusion, the Anti-Defection Law is a testament to India's commitment to maintaining the sanctity of its democratic institutions and processes. It serves as a guardian of the electoral mandate and a deterrent against the volatility that can arise from political defections, thus contributing to the stability and integrity of the nation's political landscape.

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