Anti-Defection Law

• Lok Sabha Secretariat has issued notices to three MPs, after their parties petitioned Speaker Om Birla, seeking their disqualification under the Anti-Defection Law.
• They have been asked to give their comments within 15 days of receipt of letters.
• The 52nd Amendment Act of 1985 provided for the disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another.

• For this purpose, it made changes in four Articles of the Constitution and added a new Schedule (the Tenth Schedule) to the Constitution.
• This act is often referred to as the ‘anti-defection law’. Later, the 91st Amendment Act of 2003 made one change in the provisions of the Tenth Schedule.

Disqualification of MPs and MLAs on the grounds of defection:

• If an elected member voluntarily gives up his membership of a political party.
• If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorised to do so, without obtaining prior permission.

• As a pre-condition for his disqualification, his abstention from voting should not be condoned by his party or the authorised person within 15 days of such incident.
• If any independently elected member joins any political party.
• If any nominated member joins any political party after the expiry of six months.

Exceptions:

• In the situation where two-thirds of the legislators of a political party decide to merge into another party, neither the members who decide to join nor the ones who 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.

• The decision on disqualification questions on the ground of defection is referred to the Speaker or the Chairman of the House, and his/her decision is final.
• The members so disqualified can stand for elections from any political party for a seat in the same House.
• The decision on questions as to disqualification on ground of defection are referred to the Chairman or the Speaker of such House, which is subject to ‘Judicial review’.