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Anti-Defection Law
Jharkhand Assembly Speaker's Tribunal disqualified two legislators under anti-defection law.
About Anti-Defection Law
- The Tenth Schedule of the Indian Constitution, introduced by the 52nd Amendment in 1985, addresses the issue of political defections.
- This Schedule was enacted to combat the instability caused by legislators defecting from their parent parties, which had undermined the democratic process and governance stability in India during the 1960s and 70s.
Key Provisions
- Disqualification Grounds:
- Voluntary Defection: A member of a House of Parliament or State legislature can be disqualified if they voluntarily give up the membership of their political party.
- Violation of Party Whip: Members can also be disqualified if they vote against the instructions of their party as issued by the party whip.
- Role of the Whip: A whip is appointed by the political party to ensure party discipline and adherence to party directives during votes in the legislature.
- Exceptions:
- Para 3 (Omitted in 2003): Originally allowed one-third of the members of a legislature party to split and form a separate group without facing disqualification.
- Para 4: Permitted the merger of a political party with another party if approved by two-thirds of its legislature party members. This exception still stands.
- Role of the Speaker: The authority to decide on disqualification issues lies with the Speaker of the House.
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