Anti-Defection Law
2020 FEB 5
Preliminary >
Constitution > Indian Constitution > Schedules of constitution
WHY IN NEWS?
The Supreme Court gave Tamil Nadu Speaker a week’s time to inform the court when he will take cognisance of the disqualification petitions filed under the Tenth Schedule (anti-defection law) against Deputy Chief Minister and 10 other MLAs.
ABOUT ANTI-DEFECTION LAW
- The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Constitutional Amendment.
- It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
- A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote.
- This implies that a legislator defying (abstaining or voting against) the party whip on any issue can lose his membership of the House.
- The law applies to both Parliament and state assemblies.
- The law allows a party to merge with or into another party provided that at least two-thirds of its legislators are in favour of the merger. In such a scenario, neither the members who decide to merge, nor the ones who stay with the original party will face disqualification.
- The law initially stated that the decision of the Presiding Officer is not subject to judicial review.
- This condition was struck down by the Supreme Court in 1992, thereby allowing appeals against the Presiding Officer’s decision in the High Court and Supreme Court.
- However, it held that there may not be any judicial intervention until the Presiding Officer gives his order.
- The law does not specify a time-period for the Presiding Officer to decide on a disqualification plea.
- Anti-defection law applies to independent candidates and nominated members as:
- If an independent MP/ MLA joins a political party after the election
- An MP/ MLA who is nominated (to the Rajya Sabha or upper houses in state legislatures) joins a party after 6 months from the date on which he takes his/her seat.
Prelims Question
Q. With regards to Anti-defection law in India, which of the following statements is/are correct?
1. The law specifies the time-period for the Presiding Officer to decide on a disqualification plea
2. The decision of the Presiding Officer is not subject to judicial review
Select the correct answer using the code given below:
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
Answer to the Prelims Question