SHORT ANSWER:
The Supreme Court has clarified the process for dealing with party defections through various judgments under the Tenth Schedule of the Constitution.
DETAILS:
- The Tenth Schedule, added by the 52nd Amendment in 1985, deals with disqualification of Members of Parliament and State Legislatures on the grounds of defection.
- The Supreme Court has ruled that a member can be disqualified if they defect from the party they were elected from, unless they merge with another party.
- The Court has emphasized the need for stability in state governments and the importance of adhering to the provisions of the Tenth Schedule.
PUNISHMENT / IMPLICATIONS (if applicable):
- Disqualification from being a member of the legislature for the remaining term.
- Potential loss of position in the government or party.
SOURCE:
- Constitution of India, Tenth Schedule
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