Anti Defection Law

Mains Paper 2 : Representation Of People's Act |

Note4Students

From UPSC perspective, the following things are important :

Prelims level : 10th Schedule

Mains level : Anti-defection Law


News

  • The Supreme Court has stayed proceedings initiated by Tamil Nadu Assembly Speaker for disqualification of some MLAs for “anti-party activities”.

Anti Defection Law

  • The anti-defection law was passed by parliament in 1985.
  • The 52nd amendment to the Constitution added the Tenth Schedule which laid down the process by which legislators may be disqualified on grounds of defection.

Who stands as Defected?

  • A Member of Parliament or state legislature was deemed to have defected if he either voluntarily resigned from his party or disobeyed the directives of the party leadership on a vote.
  • A member who votes, or does not vote in the legislature, contrary to the directions of his political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.
  • Independent members would be disqualified if they joined a political party.
  • Nominated members who were not members of a party could choose to join a party within six months; after that period, they were treated as a party member or independent member.

Certain exceptions

  • Any person elected as speaker or chairman could resign from his party, and rejoin the party if he demitted that post.
  • A party could be merged into another if at least two-thirds of its party legislators voted for the merger (Initially it was one third 91st amendment act made it two third).
  • The law initially permitted splitting of parties, but that has now been outlawed.
Electoral Reforms In India
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