Anti-defection law for independent legislators

Anti-defection law for independent legislators

Subject – Polity

Context – Jignesh Mewani, an independent MLA from Gujarat, has said he has joined the Congress “in spirit” as he could not formally do so, having been elected as an independent.

Concept –

• The Tenth Schedule of the Constitution, popularly known as the anti-defection law, specifies the circumstances under which changing of political parties by legislators invites action under the law.
• It includes situations in which an independent MLA, too, joins a party after the election.

The 3 scenarios – The law covers three scenarios with respect to shifting of political parties by an MP or an MLA.

1. The first is when a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House against the wishes of the party.
2. The second is when a legislator who has won his or her seat as an independent candidate joins a political party after the election.

In both these instances, the legislator loses the seat in the legislature on changing (or joining) a party.

3. The third scenario relates to nominated MPs. In their case, the law gives them six months to join a political party, after being nominated. If they join a party after such time, they stand to lose their seat in the House.

• The initial attempts at creating the anti-defection law (1969, 1973) did not cover independent legislators joining political parties.
• The next legislative attempt, in 1978, allowed independent and nominated legislators to join a political party once.
• But when the Constitution was amended in 1985, independent legislators were prevented from joining a political party and nominated legislators were given six months’ time.

Disqualification

• Under the anti-defection law, the power to decide the disqualification of an MP or MLA rests with the presiding officer of the legislature. The law does not specify a time frame in which such a decision has to be made.
• As a result, Speakers of legislatures have sometimes acted very quickly or have delayed the decision for years — and have been accused of political bias in both situations. Last year, the Supreme Court observed that anti-defection cases should be decided by Speakers in three months’ time.