Anti – Defection Law

  • Launch: Introduced in India in 1985
  • Related Amendment: 52nd amendment to the Constitution of India
  • Related Schedule: Tenth Schedule to the Constitution
  • What is it?: It lays down the process by which legislators may be disqualified on grounds of defection.
  • Aim: The main aim of this schedule was to prevent political defections and to strengthen democracy by bringing stability in politics and make members of parliament more responsible and loyal to their parties.
  • Deciding Authority: Presiding officer of the house.
  • Grounds of Disqualification
    • He voluntarily gives up his membership of a political party.
    • He disobeys the directions of his political party or votes or does not vote in the legislature contrary to the directions of his political
    • After the election, he joins another political party.
    • If a nominated member joins any political party after 6 months from the day, he becomes a member of the legislature.
  • Exemption
    • Disqualification of a member is not applied in case of a merger, provided that this merger with or into another party shall be done with the consent of at least two-thirds of its legislator.
    • It exempts the speaker, chairman, and deputy chairman of various legislative houses from disqualification on the ground of defection.

 

This entry was posted in General Studies 2, Polity. Bookmark the permalink.