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
    • LAQSHYA 2021 OPTIMA – Daily Net Practice
  • PROVEN STRATEGY
    • Prelims Strategy
    • Mains Strategy
    • Interview Strategy
    • Sunday Success Sutra
  • LAQSHYA 2021 OPTIMA
  • Resources
    • DPS Compilation
    • DPN Compilation
    • Friday Factly Compilation
    • Sunday Essay Sadhna Compilation
    • Toppers Notes
      • PSIR Notes
      • General Studies Notes
    • 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
    • LAQSHYA 2021 OPTIMA – Daily Net Practice
  • PROVEN STRATEGY
    • Prelims Strategy
    • Mains Strategy
    • Interview Strategy
    • Sunday Success Sutra
  • LAQSHYA 2021 OPTIMA
  • Resources
    • DPS Compilation
    • DPN Compilation
    • Friday Factly Compilation
    • Sunday Essay Sadhna Compilation
    • Toppers Notes
      • PSIR Notes
      • General Studies Notes
    • 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 19 April 2021 April 19, 2021
  • Daily Prelims Notes 19 April 2021 April 19, 2021
  • OXYGEN EXPRESS April 19, 2021
  • IP APELLATE BOARD April 19, 2021
  • DISC FOOTED BAT April 19, 2021
  • TYPES OF STARTUPS April 19, 2021
  • FPI April 19, 2021
  • UNIFORM CIVIL CODE April 19, 2021
  • EFFECTS OF CORONA VIRUS ON BRAIN April 19, 2021
  • INSURANCE PENETRATION & DENSITY April 19, 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