Anti Defection Law
- 52nd CAA 1985 brought the 10th Schedule which deals with disqualification of Members of Parliament and State Legislature on grounds of Defection
- If the party split, No defection
- But in 91st CAA 2003 amended that it is Defection
- Provisions
- Disqualification
- Voluntarily gives up his membership of such political party
- Votes against the Party directions without permission
- Independent Members
- If he joins any political party after such election will be disqualified
- Nominated Members
- If he joins any political party after the expiry of 6 months from the date on which he takes his seat in House will be disqualified
- Exceptions
- No Disqualification If a member goes out of his party as a result of a merger of party with another party
- Merger takes place when 2/3rd of members of party have agreed to such merger
- After being elected as the presiding officer of House, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office
- Deciding Authority
- Presiding Officer of House
- Originally this decision is final
- Kihoto Hollohan case 1993
- Presiding officer while deciding a question under this, should function as a tribunal : Judicial Review
- Rule Making Power
- Presiding Officer of House
- All rules are placed before house within 30 days house may approve or reject
- Can take defection case only when receive Written Complaint from member of House and the member have Chance to Clarify
- Evaluation of Act
- Advantages
- It provides greater stability to parties
- It facilitates democratic realignment of parties
- It reduces Corruption
- Gives a clear cut constitutional recognition to existence of Political Parties
- Disadvantages
- It does not make differentiation between Dissent (if one wants to by heart) and Defection
- Its distinction between Individual and Group defection
- It does not provide for the expulsion of legislator from his party for his activities outside the legislature
- Its discrimination between independent member and nominated member
- Its vesting of decision making on Presiding Officer
- He lacks the legal knowledge and experience to adjudicate cases
- 91st CAA 2003
- Total number of ministers, including the PM, in the Central Council of Ministers shall not exceed 15% of total strength of LS
- A member of either House belonging to political party who is disqualified on ground of defection shall also be disqualified as Minister as well
- Same in states with minimum 12 or 15% CoM
- Any member of Centre or State who was disqualified by Defection shall be disqualified to hold any Remunerative Political Post
- Provision of splitting of party and no defection is deleted
eerolex.com
8 Jul 2021appropriate post, i love it