DEFECTION

June 3, 2019

The recent defections of Trinamool Congress MLAs to BJP has been criticised within the BJP’s Bengal unit.

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.

Source : The Hindu

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