The anti-defection law
A 1985 rule that costs legislators their seat for switching sides or defying the party, decided by the presiding officer.
What the paper can ask
- Added in 1985 by the 52nd Amendment Act as a new Schedule to the Constitution.
- Grounds: voluntarily giving up party membership, or voting or abstaining against the party's direction without permission (unless the party forgives within 15 days). An elected independent who joins a party is also disqualified.
- A nominated member who joins a party more than six months after taking the seat is disqualified.
- The 91st Amendment (2003) deleted the old exception for a split of one-third of a party's legislators.
Why exams ask
Setters ask which Schedule holds the law, the grounds, which exceptions survive, and who decides.
The full story
Mass floor-crossing by legislators in the 1960s and 1970s (the 'Aya Ram, Gaya Ram' era) led Parliament to add a new Schedule in 1985. A member of Parliament or a state legislature can lose the seat for defection. The presiding officer of that House (Speaker or Chairman) decides. Independents who join a party and nominated members who join one late are also caught.
In the news
Test yourself
1.The anti-defection law is contained in which Schedule of the Constitution?
Correct. The Tenth Schedule, inserted by the 52nd Amendment Act, 1985, provides for disqualification of members on the ground of defection.
Not quite. The Tenth Schedule, inserted by the 52nd Amendment Act, 1985, provides for disqualification of members on the ground of defection. It goes into your error book.
2.Under the Tenth Schedule, a member is NOT disqualified on the ground of defection if
Correct. Paragraph 4 exempts mergers agreed to by not less than two-thirds of the legislature party; the one-third 'split' exemption in paragraph 3 was deleted by the 91st Amendment Act, 2003.
Not quite. Paragraph 4 exempts mergers agreed to by not less than two-thirds of the legislature party; the one-third 'split' exemption in paragraph 3 was deleted by the 91st Amendment Act, 2003. It goes into your error book.