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By Vinay Kumar
The law to check defections and limit the size of the Council of Ministers both at the Centre and the States takes effect in the backdrop of rapid political developments and indications that the Bharatiya Janata Party-led coalition Government at the Centre could go in for early Lok Sabha polls, most probably in April-May. The new law aims at limiting the size of the Council of Ministers to 15 per cent of the Lower House in the case of the Centre and in the States prune the jumbo Cabinets as in Uttar Pradesh. On the anti-defection front, the law gives teeth to debar a defector from holding any "remunerative political post'' for the remaining tenure of the legislature unless re-elected. The amended law describes a "remunerative political post'' as any office (a) where the salary or remuneration for such office is paid out of the public revenue and (b) under a body, whether incorporated or not, which is wholly or partially owned by the Government of India or the Government of a State and the salary or remunerations for such office is paid by such body. The President also gave his assent to the Prevention of Terrorism (Amendment) Bill empowering the Central Review Committee to decide whether there is a prima facie case for proceeding against the accused arrested under this Act and issue directions accordingly. Under the amended Act, four sub-sections under Section 60 of the POTA have been inserted to provide more teeth to the committee, whose decisions would be binding on the Centre, the States and police. It also says that "if the Review Committee is of the opinion that there is no prima facie case for proceeding against the accused and issues directions then proceedings pending against the accused shall be deemed to have been withdrawn from the date of such direction." Another Bill providing for the inclusion of Bodo, Santhali, Maithili and Dogri in the Eighth Schedule has also received the Presidential assent.
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