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science reporter magazine subscription Published this article page no 01  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 Kihoto holohan Case 1992 thereby allowing appeal against the Presiding Officers decision in the High Court and Supreme Court. o However it held that there may not be any judicial intervention until the Presiding Officer gives his order.  Time limit within which the Presiding Officer has to decide The law does not specify a timeperiod for the Presiding Officer to decide on a disqualification plea. Courts have expressed concern about the unnecessary delay in deciding such petitions. High Courts can direct Speakers to rule on disqualification petitions if they do not do this within reasonable time. What can be done to overcome these issues?Narrowing the definition of defection Defining actions or conduct (on the part of legislators) which constitutes defection in a manner that does not inhibit them to independently think and express their opinions. This will ensure that dissent among party members does not necessarily translate into instability and disagreement does not become a ground for disqualification. o Several experts have suggested that the law should be valid only for those votes that determine the stability of the government (passage of the annual budget or noconfidence motions).Intra party democracy Changes are required in the Representation of People Act and the current political culture to make political parties more democratic in the selection of their leadership. This will indirectly create more acceptance for divergence of opinion and stance within the party science reporter magazine subscription buy.

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