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IAS Foundation 2023-24, Batch Starts: 27th July

Anti-defection Law

  • Published
    22nd Jun, 2022

Context

The recent argument lashed in Maharashtra, The minister Eknath Shinde leader of the revolt against Chief Minister Uddhav Thackeray is trying to defect from the party.

  • Reports said that the rebel group includes 33 MLAs of the 55-member Shiv Sena legislature party, and seven Independents supporting the state government.

About

  • The Anti-defection law of the Indian Constitution is designed to prevent political defections prompted by the lure of office or material benefits or other like considerations.
  • The Anti-defection law was passed by Parliament in 1985 and reinforced in 2002.
  • The anti-defection law was enacted to ensure that a party member does not violate the mandate of the party and in case he does so, he will lose his membership of the House.
  • The law applies to both Parliament and state assemblies.
  • The Anti-Defection Law aims to prevent MPs from switching political parties for any personal motive.

Constitutional Provisions related to Anti-defection

  • The 52nd amendment (1985) to the Constitution added the Tenth Schedule which laid down the process by which legislators may be disqualified on grounds of defection.
  • Grounds of defection:
    • A state or central legislature was deemed to have defected if he either voluntarily resigned from his party or disobeyed the directives of the party.
    • Independent members would be disqualified if they joined a political party.
    • Nominated members who were not members of a party could choose to join a party prior to six months of the date of nomination.
  • Exception:
    • Any person elected as speaker or chairman could resign from his party, and rejoin the party if he demitted that post.
    • A party could be merged into another if at least two-thirds of its party legislators voted for the merger (Initially it was one third 91stamendment act made it two third).
    • The law initially permitted splitting of parties, but that has now been outlaw
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