Reliable Brokers
Online Investing
Alerts & Analysis
Easy Trading

Writ filed in High Court challenging legality of Article 70

Article 70 restricts members of parliament from voting independently

Update : 23 Oct 2024, 12:20 PM

A writ petition has been filed in the High Court challenging the validity of Article 70 of the constitution, which restricts members of parliament from voting independently.

Supreme Court lawyer Advocate Yunus Ali Akond filed the writ on Wednesday.

The law secretary, the secretary of the Parliament Secretariat, and other officials have been named as respondents in the petition.

The lawyer said: "A hearing on the matter is expected to take place next week in one of the High Court benches."

Yunus Ali argued that under Article 70, MPs are unable to vote freely in parliament on any issue and cannot express their opinions on matters of public importance outside the party's stance.

"This practice does not exist in developed countries and hampers the development of democracy," he added.

The lawyer also referenced a past observation by former chief justice Surendra Kumar Sinha. In his personal opinion in the 16th Amendment case verdict, Justice Sinha had stated that Article 70 was unconstitutional, although this view was not upheld in the final collective judgment.

What Article 70 says

Article 70 of the constitution mandates that if a member of parliament, elected as a candidate of a political party resigns from that party, or votes against that party in parliament, their seat in parliament will be declared vacant. However, the MP will not be disqualified from contesting future parliamentary elections due to this reason.

Top Brokers