Civics /Polity (Anti Defection Law, 1985 (10th Schedule))

Anti Defection Law, 1985 (10th Schedule)

* Rajiv Gandhi gov. imposed a ban on defection through 52nd amendment act.

* The act aims to prohibit undemocratic, unethical & unprincipled political defection by members of legislature, by innovation of an instrument of disqualification

* A member of parliament or state legislature belonging to any political party, shall be disqualified for being a member of that house if:

 - He voluntarily give up the membership of such political party

 - An independent member joins a political party after being elected

 - A nominated member joins a political party after 6 months

 - A member does not act according to the whips issued by his political party

Exceptions

* If 1/3rd members of a political party resign from their parent party & form a splinter group

* If 2/3rd of members of a political party resign from their parent party & merge with another political party

Exemption

* Speaker & Deputy Speaker of LS, Deputy Chairman of RS

* Speaker & Deputy Speaker of LC, Chairman & Deputy Chairman of LA

- On subjects of disqualification, decision of chairman / Speaker of the house shall be final. No court shall have jurisdiction under this act wrt members of the house

1991 → SC verdict on Anti Defection Law

* Decision of presiding officer of the house on question of disqualification shall be final

* Decision of presiding officer of the legislature are open to judicial review

* In 1992, court further held that the whip issued by political party is binding on its members, only in case of “Confidence motion, No confidence motion, Money bills & Vote of thanks to President or Governor’s address”.

91st constitutional Amendment act, 2003

* Act debars a defector from holding any public office for the duration of remaining term of the existing legislature or until fresh elections

* Size of COMs is to be 15 % max. of lower house at the centre as well as at states. (However, smaller states such as Mizoram, Sikkim etc. would have the liberty of having a minimum of 12 ministers)

* Seeks to debar a defector from holding any remunerative political post for the remaining tenure of the legislature or unless re-elected

* Omitted exemption of splinter group law from exemption to Anti defection law