Defection:
- Defection means when the legislator leaves the political party from which he/she was elected and joins the other party.
Anti-defection Law:
- To curb the evil of defection, the Anti-Defection Law was passed in 1985 through the 52nd Amendment to the Constitution. It added the Tenth Schedule to the Indian Constitution i.e. A–102(2) and A–191(2).
- It deals with all 3 types of members
- Members elected from party’s ticket
- Independent MLA’s and
- Nominated members
Key provisions of 10th schedule:
(1) Grounds of defection for members:
- For members elected 4m a party ticket: If a member of a house belonging to a political party:
- Voluntarily gives up the membership of his political party, or
- Votes, or does not vote in the legislature, contrary to the directions of his political party
- However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.
- For independent members: If an independent candidate joins a political party after the election.
- For Nominated members: If a nominated member joins a party six months after he becomes a member of the legislature.
(2) Exceptions:
- Wrt Merger: A person shall not be disqualified if his original political party merges with another, and he/she and other members of the old political party
- become members of the new political party, or
- do not accept the merger and opt to function as a separate group.
- This exception shall operate only if not less than two-thirds of the members of party in the House have agreed to the merger.
- Wrt cross voting/abstention: In the following cases in cross vioting/abstention, the member shall not be disqualified
- If the member has taken prior permission by the party
- Of the member is condoned by the party within 15 days from such voting or abstention.
(3) Power to disqualify:
- The Chairman or the Speaker of the House takes the decision to disqualify a member.
- If a complaint is received with respect to the defection of the Chairman or Speaker, a member of the House elected by that House shall take the decision.
