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Anti-defection Law
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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