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  • 10 (A) Anti-Defection Law

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    The Anti-Defection Law aims to prevent defections by legislators and punish them. It amended the Constitution to include provisions for vacating seats and disqualifying members of Parliament and state legislatures for defecting from their political party. Defection is defined as voluntarily giving up party membership, abstaining or voting against the party's direction, or defecting to another party after elections. However, disqualification does not apply in cases of merger where 2/3 of legislators decide to merge parties. The law also does not apply to members who resign from their party upon being elected Speaker.

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    The Anti-Defection Law aims to prevent defections by legislators and punish them. It amended the Constitution to include provisions for vacating seats and disqualifying members of Parliament and state legislatures for defecting from their political party. Defection is defined as voluntarily giving up party membership, abstaining or voting against the party's direction, or defecting to another party after elections. However, disqualification does not apply in cases of merger where 2/3 of legislators decide to merge parties. The law also does not apply to members who resign from their party upon being elected Speaker.

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    19K views6 pages

    10 (A) Anti-Defection Law

    Uploaded by

    IAS EXAM PORTAL
    The Anti-Defection Law aims to prevent defections by legislators and punish them. It amended the Constitution to include provisions for vacating seats and disqualifying members of Parliament and state legislatures for defecting from their political party. Defection is defined as voluntarily giving up party membership, abstaining or voting against the party's direction, or defecting to another party after elections. However, disqualification does not apply in cases of merger where 2/3 of legislators decide to merge parties. The law also does not apply to members who resign from their party upon being elected Speaker.

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    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 (FiftySecond 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-

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    -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.

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    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.

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    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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