Anti-Defection Law: Grounds for Disqualification of Legislators Explained
Understanding the legal provisions that prevent political defections in India's parliamentary system.
Source: The HinduThe anti-defection law, outlined in the Tenth Schedule of the Indian Constitution, aims to prevent political defections by Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). It specifies two main grounds for disqualification. Firstly, if a member voluntarily gives up their membership of the political party they belong to. Secondly, if a member votes or abstains from voting in the House contrary to any direction (whip) issued by their political party, without obtaining prior permission. This law is crucial for maintaining party discipline and the stability of governments,
- The anti-defection law is enshrined in the Tenth Schedule of the Indian Constitution.
- It was added to the Constitution by the 52nd Amendment Act of 1985.
- A legislator can be disqualified if they voluntarily give up their party membership.
- Disqualification also occurs if a legislator votes or abstains against the party whip without prior permission.
- The Speaker or Chairman of the House is the final authority on disqualification petitions under this law.
A law in India that prevents elected members of a legislature from switching political parties. It was enacted to bring stability to governments by deterring legislators from changing party allegiance for personal gain or political opportunism.
Part of the Indian Constitution that contains the provisions related to the disqualification of members of Parliament and State Legislatures on the ground of defection. It was added by the 52nd Amendment Act of 1985.
A directive issued by a political party to its members in a legislature, instructing them on how to vote on a particular issue or bill. Violating the whip can lead to disqualification under the anti-defection law.
UPSC and SSC exams frequently test the provisions of the Anti-Defection Law, its constitutional amendment, and the role of the presiding officer in disqualification cases.
Remember 'Ten-D' for Tenth Schedule and Defection. The law was added in '85, preventing '80s style party hopping.