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
- 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
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