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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