• The law was introduced during the time of Rajiv Gandhi to prevent MP’s /MLA’s defecting from their political parties to another party for money or power.
  • It seeks to provide a stable government by ensuring the legislators do not switch sides.
  • It was introduced through the 52^nd Amendment Act, adding the Tenth Schedule to constitution. It was further amended by 91^st amendment act.

Provisions

• If legislator voluntarily gives up membership of the party.
• If legislator disobeys the directives of the party whip(abstaining or going against directive in house).
• Nominated members can join any party within six months of becoming part of house.

Is judicial review available?

• Appeals against the Presiding Officer’s decision in the High Court and Supreme Court is permitted . But this is only after decision of speaker.

Who decides upon ADL?

• The speaker/Chairperson of parliament and speaker of legislative assembly makes the decision what constitutes defection and this decision shall be final.

Does law permit MP’s to join another party after the election?

• • The law permits MP’s to join another party if at least two-thirds of legislators decide to merge their party with another.

Source: The Hindu