Anti-Defection Law

Anti-Defection Law

Subject: Polity

Section: Parliament

Context: Recent report by NGO Association for Democratic Reforms (ADR) says that close to 90 per cent of the MLAs across Uttar Pradesh, Uttarakhand, Manipur and Punjab, who recontested in the 2022 Assembly polls after switching parties saw their wealth grow between 2017 and 2022

Anti-Defection Law:

• The 52nd Amendment Act of 1985 added the 10th Schedule to the Constitution. This act is commonly referred to as the ‘anti-defection law’.
• The 52nd Amendment Act provided for the disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another.
• Provision of the Anti-defection Act:A member of a House belonging to any political party becomes disqualified for being a member of the House;

• • If he voluntarily gives up his membership of such a political party.
  • If he votes or abstains from voting in contrary to any direction issued by his political party without obtaining prior permission of the party.
• Independent Members: An independent member becomes disqualified if he joins any political party after such election.
• Nominated Members: A nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from joining the house.This means that he may join any political party within six months of taking his seat in the House without inviting this disqualification.
• Exceptions: The above disqualification on the ground of defection does not apply in the following two cases:
  • If a member goes out of his party as a result of a merger of the party with another party. A merger takes place when 2/3rd of the members of the party have agreed to such merger.
  • If a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of his party or rejoins it.
• Deciding Authority: Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House (Speaker or Chairman of the House).