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 52nd Constitutional Amendment Act,1985.
- It added a new schedule i.e, tenth schedule to the constitution of India.
Provisions of the Act :
- Disqualification :
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- 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.
- Exceptions :
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- 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 2/3rd of the party members are agreed to such merger.
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- If any member is selected to the seat of speaker then he can voluntarily resigns from his party.
- Deciding authority :
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- The speaker is the deciding authority in settling the anti defection case.
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- In Kihoto Hollohan case (1993) Supreme Court said that the speaker’s decision while deciding the anti defection case is subjected to judicial review.
91st 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 1/3rd 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
