NCP lurches as Ajit Pawar claims party and symbol

NCP lurches as Ajit Pawar claims party and symbol

Subject: Polity

Section: Elections

Concept :

• A day after the split in the Nationalist Congress Party (NCP), party supremo Sharad Pawar on Monday announced the expulsion of Praful Patel and Sunil Tatkare, MPs, for “anti­party activities”.
• Ajit Pawar said the majority of MLAs were with him, after the split.

Anti Defection Law

• The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for another.
• Parliament added it to the Constitution as the Tenth Schedule in 1985. Its purpose was to bring stability to governments by discouraging legislators from changing parties.
• The Tenth Schedule – popularly known as the Anti-Defection Act – was included in the Constitution via the 52nd Amendment Act, 1985.
• It sets the provisions for disqualification of elected members on the grounds of defection to another political party.
• It was a response to the toppling of multiple state governments by party-hopping MLAs after the general elections of 1967.
• However, it allows a group of MP/MLAs to join (i.e., merge with) another political party without inviting the penalty for defection. And it does not penalize political parties for encouraging or accepting defecting legislators.
• As per the 1985 Act, a ‘defection’ by one-third of the elected members of a political party was considered a ‘merger‘.
• But the 91st Constitutional Amendment Act, 2003, changed this and now at least two-thirds of the members of a party must be in Favour of a “merger” for it to have validity in the eyes of the law.
• The members disqualified under the law can stand for elections from any political party for a seat in the same House.
• The decision on questions as to disqualification on ground of defection are referred to the Chairman or the Speaker of such House, which is subject to ‘Judicial review’.
• However, the law does not provide a timeframe within which the presiding officer has to decide a defection case.

Grounds for Defection

• Voluntary Give Up:
• If an elected member voluntarily gives up his membership of a political party.
• Violation of Instructions:
• If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorized to do so, without obtaining prior permission.
• As a pre-condition for his disqualification, his abstention from voting should not be condoned by his party or the authorized person within 15 days of such incident.
• Elected Member:
• If any independently elected member joins any political party.
• Nominated Member:
• If any nominated member joins any political party after the expiry of six months.