Section 8 of CoI : Section 8: Rules.

Explanation using Example

Example 1:

Scenario: A Member of Parliament (MP) switches political parties.

Explanation: Suppose an MP, Mr. Sharma, elected from Party A, decides to join Party B. According to the rules under Section 8 of the Tenth Schedule of the Constitution of India, the Speaker of the House can make rules to handle such situations.

Application:

1. Register Maintenance: The Speaker may maintain a register recording that Mr. Sharma was originally a member of Party A and has now joined Party B.
2. Report by Party Leader: The leader of Party A must report to the Speaker about Mr. Sharma's defection and any condonation (forgiveness) granted to him.
3. Report by New Party: Party B must report to the Speaker about Mr. Sharma's admission to their party.
4. Inquiry Procedure: If there is a dispute about whether Mr. Sharma's defection is valid, the Speaker will follow a specific procedure to inquire and decide on the matter.

Example 2:

Scenario: A Member of the Legislative Assembly (MLA) is accused of violating party discipline.

Explanation: Ms. Verma, an MLA from Party X, votes against her party's directive in the state assembly. Party X accuses her of defection and seeks her disqualification.

Application:

1. Register Maintenance: The Speaker of the state assembly maintains a record showing Ms. Verma's affiliation with Party X.
2. Report by Party Leader: The leader of Party X submits a report to the Speaker detailing Ms. Verma's actions and any condonation provided.
3. Report by Political Party: Party X also reports to the Speaker about any disciplinary actions taken against Ms. Verma.
4. Inquiry Procedure: The Speaker initiates an inquiry to determine if Ms. Verma's actions constitute defection. The inquiry follows the procedure laid out in the rules made under Section 8.

Example 3:

Scenario: A new rule is introduced by the Speaker regarding party defection.

Explanation: The Speaker of the Lok Sabha introduces a new rule that requires all political parties to submit a monthly report on their members' activities to ensure compliance with anti-defection laws.

Application:

1. Rule Introduction: The new rule is laid before the Lok Sabha for a total period of thirty days.
2. Approval Process: During this period, the Lok Sabha can approve, modify, or disapprove the rule.
3. Effectiveness: If the rule is approved (with or without modifications) or if the thirty-day period expires without disapproval, the rule takes effect. If disapproved, the rule has no effect.
4. Contravention Handling: If any member wilfully contravenes this new rule, the Speaker can treat it as a breach of privilege of the House and take appropriate action.

Example 4:

Scenario: A member challenges the Speaker's decision on defection.

Explanation: Mr. Khan, an MP, is disqualified by the Speaker for defection. Mr. Khan challenges this decision, claiming it was not in accordance with the rules.

Application:

1. Procedure for Decision: The Speaker must have followed the specific procedure for inquiry and decision-making as per the rules under Section 8.
2. Review of Rules: The rules laid down by the Speaker are reviewed to ensure they were properly followed.
3. Judicial Review: If Mr. Khan believes the rules were not followed, he may seek judicial review, but the court will primarily check if the procedure was adhered to, not the merits of the decision itself.
4. Outcome: If the court finds that the rules were not followed, it may set aside the Speaker's decision and direct a fresh inquiry.