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Anti-Defection Law from Vajirao & Reddy Institute

By : Author Desk Updated : 2023-12-01 16:42:02

Anti-Defection Law

Why in news: Recently, Government is contemplating to introduce a bill to make amendments to the Anti- Defection law in order to effectively curb the defections. More about Anti-Defection law:

It is introduced by the 52^nd Constitutional Amendment Act,1985.
It added a new schedule i.e, tenth schedule to the constitution of India.

Provisions of the Act: 1. Disqualification :

Member of political party : He is disqualified if he voluntarily gives up his membership of his political party or voting in contrast to the order given by the whip.
Independent members : He is disqualified if he joins any political party after such election.
Nominated members : He is disqualified if he joins any political party after the expiry of six months from the date on which he takes his seat in the House.

2. Exceptions :

Merger : If a member goes out of his party as a result of a merger of the party with another party. A merger takes place when 2/3^rd of the party members are agreed to such merger.
If any member is selected to the seat of speaker then he can voluntarily resigns from his party.

3. Deciding authority :

The speaker is the deciding authority in settling the anti defection case.
In Kihoto Hollohan case (1993) Supreme Court said that the speaker’s decision while deciding the anti defection case is subjected to judicial review.

91^st Amendment Act, 2003 :

It reduced the strength of Council of Ministers to the 15% of the total strength of the Loksabha.
An MP or an MLA who is disqualified on the ground of defection shall also be disqualified to be appointed as a Minister.
It removed the protection that was available in the case of splits by 1/3^rd members of legislature in the political party.

Issues with the act :

It does not give enough room to the freedom of speech and Expression.
Its difference between nominated and Independent members is illogical.
It allows group defections while debars individual elections.

Syllabus : Prelims + Mains; GS2- polity and Governance

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