Optimize IAS
  • Home
  • About Us
  • Initiatives
    • Daily Practice Sheets
    • Daily Prelims Notes
    • Prelims Power Play
    • Friday Factly
    • Sunday Essay Sadhna
    • Mains Master Notes
    • Public Administration Answer Writing
  • Courses
    • Optima 2020
    • Optima 2020 (Mains)
    • Laqshya 2021 / Laqshya 2021 Advance (Prelims)
    • Santosh Sir 700+ Mains Mentorship Program
    • Ethics Master Class
    • Essay Master Class
    • Our Video Courses
  • PROVEN STRATEGY
    • Prelims Strategy
    • Mains Strategy
    • Interview Strategy
    • Sunday Success Sutra
  • Resources
    • DPS Compilation
    • DPN Compilation
    • Friday Factly Compilation
    • Sunday Essay Sadhna Compilation
    • PSIR Notes
    • General Studies Notes
    • UPSC Prelims Previous Year Papers
    • UPSC Mains Previous Year Papers
  • Contact Us
  • Home
  • About Us
  • Initiatives
    • Daily Practice Sheets
    • Daily Prelims Notes
    • Prelims Power Play
    • Friday Factly
    • Sunday Essay Sadhna
    • Mains Master Notes
    • Public Administration Answer Writing
  • Courses
    • Optima 2020
    • Optima 2020 (Mains)
    • Laqshya 2021 / Laqshya 2021 Advance (Prelims)
    • Santosh Sir 700+ Mains Mentorship Program
    • Ethics Master Class
    • Essay Master Class
    • Our Video Courses
  • PROVEN STRATEGY
    • Prelims Strategy
    • Mains Strategy
    • Interview Strategy
    • Sunday Success Sutra
  • Resources
    • DPS Compilation
    • DPN Compilation
    • Friday Factly Compilation
    • Sunday Essay Sadhna Compilation
    • PSIR Notes
    • General Studies Notes
    • UPSC Prelims Previous Year Papers
    • UPSC Mains Previous Year Papers
  • Contact Us

Anti-defection law

  • June 20, 2020
  • Posted by: admin1
  • Category: DPN Topics
No Comments
Print Friendly, PDF & Email

Subject: Polity

Context:

The BJP-led coalition government in Manipur came apart with three BJP MLAs defected to the Congress, thus reducing its number of legislators from 21 to 18 in the 60-member assembly.

Concept:

  • The Tenth Schedule was inserted in the Constitution in 1985 by 52nd 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.
  • Disqualification:
  • If a member of a house belonging to a political party voluntarily gives up the membership of his political party, or Votes, or does not vote in the legislature, contrary to the directions of his political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.
  • If an independent candidate joins a political party after the election.
  • If a nominated member joins a party six months after he becomes a member of the legislature.

91st amendment act of 2003

  • The total number of ministers including the Prime minister in the central council of ministers shall not exceed 15% of the total strength of the Loksabha/State legislative assembly. (Article 75,164). However in states number of ministers shall not be less than 12.
  • A member disqualified under defection is also disqualified for being a minister in house.
  • The member disqualified on the grounds of defection shall also be disqualified for any remunerative political post, office wholly or partially under the government .
  • The provision regarding one third was also deleted by this amendment.
  • Exceptions under the law: Legislators may change their party without the risk of disqualification in certain circumstances. 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.
Anti-defection law Polity
Print Friendly, PDF & Email
Loading

Recent Posts

  • Quiz 2021: Prelims Power Play 24 January 2021 January 24, 2021
  • Daily Practice Sheet 24 January 2021 January 24, 2021
  • What do you understand by professional? What are characteristic of a good professional? January 24, 2021
  • The people’s movement against the Silent Valley project was significant in the sense that it was not a rhetorical protest but one in which the scientific argument supported the views of the anti-dam group. Comment upon the impact of Silent Valley Movement. January 24, 2021
  • Discuss the role of Nano and micro enterprises in solving the job problem of the country. January 24, 2021
  • The paradox of “hunger amidst plenty” has haunted India for a long time and shows no sign of going away. In the light of the statement discuss the need to expand distribution under the PDS. January 24, 2021
  • Indian economy has made a transition from jobless growth to job –loss growth in the last decade. Do you agree? Argue with facts. January 24, 2021
  • Discuss the role of Krishi Vikas Kendra in doubling farmer’s income. January 24, 2021
  • Discuss the role of State Election Commissioner in the backdrop of panchayat polls in Andhra Pradesh. January 24, 2021
  • What are extreme climate events? Do you think Climate Change is responsible for increasing incidents of extreme climate events in India? January 24, 2021

About

If IAS is your destination, begin your journey with Santosh Sir. I have the distinction of clearing all 6 UPSC CSE Prelims with huge margins.

I mastered the art of clearing UPSC CSE Prelims and in the process devised an unbeatable strategy to ace Prelims which many students struggle to do 

My Initiative

  • Daily Practice Sheets
  • Daily Prelims Notes
  • Friday Factly
  • Prelims Power Play
  • Sunday Essay Sadhna

My Proven Strategy

  • Interview Strategy
  • Mains Strategy
  • Motivational
  • Prelims Strategy

Contact us

Contact@optimizeias.com

Search