Anti-Defection Law
Anti-DefectionLaw is described in Tenth
Schedule of the Constitution. It is included in the Constitution by the 52nd Amendment Act, 1985. It sets the
provisions for disqualification of elected members on the grounds of defection
to another political party. It is enacted to prevent horse trading in case of
hung Parliament.
Grounds for disqualification under the Anti-Defection Law's
Articles 102 (2) and 191 (2)
a) If an
elected member voluntarily gives up his membership of a political party;
b) If he
votes or abstains from voting in such House contrary to any direction issued by
his political party.
Loopholes in 1985 Act
As per the
1985 Act, a ‘defection’ by one-third of the elected members of a political
party was considered a ‘merger’. Such defections were not actionable against.
The Dinesh
Goswami Committee on Electoral Reforms, in its report recommended the deletion
of the Tenth Schedule provision regarding exemption from disqualification in
case of a split.
Finally the 91st Constitutional Amendment Act, 2003,
changed this. So now ‘defection’ of at least two-thirds of the members of a
party is considered as ‘merger’.
Deciding
authority for disqualification
on ground of defection
The Chairman
or the Speaker of such House will decide on question of disqualification on
ground of defection, and his decision is final.
All
proceedings in this regard are deemed to be proceedings in Parliament or in the
Legislature of a state. No court has any jurisdiction.
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