Anti Defection Law



MEANING AND OBJECT


Anti defection law sought to prevent such political defections which may be due to reward of office or other similar considerations. Defection means to abandon a position or association, often to join an opposing group. The Anti-defection law was passed in 1985 through the 52nd amendment to the constitution. It lays down the processor association, often to join an opposing group. The Anti-Defection Law was passed in 1986 through the 52nd Amendment to the Constitution, which added the 10th schedule to the Indian Constitution. It lays down the process by which legislators may be disqualified on grounds of defection by the presiding officer of a legislators may be disqualified on grounds of defection by the presiding officer of a legislature based on a petition by any other member of the House. It seeks to provide a stable government. The law applies to both parliament and state assemblies.


GROUNDS FOR DISQUALIFICATION


The clause(2) to art 102 and 191 provides that a member shall be disqualified for being a member of central or state legislature if he incurs disqualifications under 10th schedule which are as under,


1- If the member voluntarily given up the membership of the party on whose ticket he is elected to the House.


2- If he votes in the House against the direction of his party and within 15 days of the voting or abstention, as the case may be.


3- If an independent candidate joins a political party after he becomes a member of the legislature.


POWER TO DISQUALIFY


The chairman or the speaker of the House takes the decision to disqualify a member.


In case of complaint with respect to the defection of the chairman or speaker, a member of the House elected by that House shall take the decision.


EXCEPTION UNDER THE LAW


In the situation where 2/3 of the legislature of a political party decide to merge into another party, neither the member into another party, neither the member who decide to stay with the original party will face disqualification.

Any person elected as chairman or speaker can resign from his party and rejoin the party if he demits that post.


VIEW OF SOME COMMITTEES ON THE LAW


DINESH GOSWAMI COMMITTEE ON ELECTORAL REFORMS- the disqualification issue should be decided by the president/governor on the advice of Election Commission.


LAW COMMISSION (170TH REPORT) – Pre-poll electoral fronts should be treated as political parties under anti-defection law and, delete the exemption in case of splits and mergers.


ELECTION COMMISSION- Decision under the 10th schedule should be made by the president/governor on the binding advice of the Election Commission.

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