(IGP) GS Paper 1 – Indian Polity & Governance – “Anti – Defection Law”

Subject – Indian Polity & Governance
Chapter : Anti – Defection Law

Defections:

Defections are a source of political instability; breach of representative
faith and indicate power-hunger among legislators. Therefore, they need to be
prevented and punished.

The Anti-defection Law made by the Constitution (Fifty-Second Amendment) Act,
1985 aims to do that.

It amended Articles 101, 102, 190 and 191 of the Constitution
regarding vacation of seats and disqualification from membership of Parliament
and State legislatures respectively and inserted a new Schedule (Tenth Schedule)
to the Constitution setting out certain provisions regarding disqualification
from membership of Parliament and the State Legislatures on the ground
of-defection, from the political party to which the Member belongs.

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Anti-Defection Law details the grounds of defection

The grounds of detection are as under:

• If a member of the House belonging to a political party voluntarily
  gives up his/her membership of that political party.
• if he/she abstains from the voting or votes contrary to the direction
  issued by the political party to which he/she belongs in the House.
• If he/she defects from his/her party to any party after elections.
• If the nominated member joins any political party after six months after
  taking his seat, etc.

Exemptions given under the Anti-defection

• Disqualification on ground of defection does not apply in case of merger
  of political parties.
• A party may merged with another or the two may form a new party.
• If 2/3rd of the members of the legislature party decide to merge with
  another party, neither the 2/3rd nor the remaining 1/3rd lose membership. If
  1/3rd exist as a separate group.

• The provisions of disqualification, under the Tenth
  Schedule, do not apply to a member who on his election as the Speaker or the
  Deputy Speaker of Lok Sabha or the Deputy Chairman of Rajya Sabha, or the
  Chairman or the Deputy Chairman of the Legislative Council of a State or the
  Speaker or the Deputy Speaker of the Legislative Assembly voluntarily gives
  up his membership of the political party to which he belonged immediately
  before his election or rejoins such political party after he ceases to hold
  such office.

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