What are exceptions to Anti-Defection Law?
Q. Which of the following is/are true regarding Anti-Defection Law?
1) Only when 2/3rd members of the party agree to the merger, a merger takes place between parties.
2) The presiding officer of the house decides any question regarding disqualification arising out of defection.- Published on 17 Mar 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Both 1 and 2
2 exceptions to the Anti-Defection Law -
- First - If a member goes out of his party due to a merger of his party with another party, he won’t be disqualified on grounds of defection.
- Only when 2/3rd members of the party agree to the merger, a merger takes place.
- Second - On being elected as the presiding officer of the House, if a member, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office, he won’t be disqualified.
- This exemption aims to maintain the dignity and impartiality of this office.
- Exemption from disqualification in case of split by 1/3rd members of legislature party has been deleted by the 91st Amendment Act of 2003.
- Thus, the defectors have no more protection on grounds of splits.
Deciding Authority -
- The presiding officer of the house decides any question regarding disqualification arising out of defection.
- Originally, the act provided that the decision of the presiding officer is final and cannot be questioned in any court.
- The Supreme Court declared this as unconstitutional on the ground that it seeks to take away the jurisdiction of the Supreme Court and the High Courts.
- It held that the presiding officer, while deciding a question under the Tenth Schedule, function as a tribunal.
- Thus, his decision is subject to judicial review on the grounds of mala fides, perversity etc.
Rule-Making Power -
- The presiding officer of a House can make rules to give effect to the provisions of the 10th Schedule.
- All such rules must be placed before the House for 30 days in which the House may approve or modify or reject them.
- Also, he may direct that any willful breaking of such rules by any member may be dealt in the same manner as a breach of privilege of the House.
- The presiding officer can take up a defection case only when he receives a complaint from a member of the House.
- Before taking the final decision, he must give the defecting member a chance to submit his explanation.
- He may also refer the matter to the committee of privileges for inquiry.
- This shows that defection as such has no immediate and automatic effect.
