What is Anti-Defection Law?

Q.  Which amendment is called Anti-Defection Law?
- Published on 17 Mar 17

a. 52nd
b. 91st
c. 51st
d. 54th

ANSWER: 91st
 
  • Disqualification of the members of Parliament and the state legislatures on the grounds of defection from one political party to another was provided by the 52nd Amendment Act of 1985.

  • The act made changes in four Articles - 101, 102, 190, 191 of the Constitution and added the Tenth Schedule (new schedule) to the Constitution.

  • This act is often known to as the ‘Anti-Defection Law’.

  • The 91st Amendment Act of 2003 made a change in the provisions of the 10th Schedule.

  • It omitted an exception.

  • That means that now the disqualification on ground of defection will apply in case of split.

    • Provisions of The Law -

    The Tenth Schedule has following provisions regarding disqualifications -

    Political Parties’ members -

    A member of a House belonging to any political party becomes disqualified for being a member of the House,

    (a) if he voluntarily gives up his membership of such political party; or

    (b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorized by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.

  • A member elected on a party ticket should continue in the party and obey the party directions.

    • Independent Members -

  • An elected member of a House who has been elected as independent shall be disqualified for being a member of the House if he joins any political party after such election.

    • Nominated Members -

  • A nominated member of a House shall be disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat.

  • Thus, he can join a political party within six months.

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