Why in the news?
The union Law minister reported that there are no proposals to amend
the anti-defection law.
Anti-defection law:
1.
52nd
Constitutional Amendment Act:
·
Provided
for the disqualification of MPs and MLAs on the ground of defection from one
political party to the other.
·
Tenth
Schedule was added to the constitution.
·
The
act was called the Anti-defection law.
2.
91st
Constitutional Amendment Act - Amended tenth schedule to omit an exception
provided: disqualification on the ground of defection does not apply in case of
split.
3.
Disqualifications:
·
A
member of a political party stands disqualified if,
§ Voluntarily gives up the membership of the
political party.
§ Votes or abstains from voting without prior permission
from the party.
·
An
independent member of the house joins any political party after such election
·
A
nominated member of the house joins any political party after the expiry of 6
months from the date of his joining the house.
4.
Exceptions
under the law:
·
A party can merge with or into another party with at least
two-thirds of its MPs/MLAs in favour of the merger. In such a scenario, neither
the members who decide to merge, nor the ones who stay with the original party
will face disqualification.
5.
Deciding
Authority:
·
The
presiding officer of the House shall decide on the cases of disqualification.
·
His
decision is final and cannot be questioned in any court of law.
6.
Rule-making
power:
·
The
presiding officer of the house shall make rules giving effect to the Tenth
Schedule.
·
He
can take up a defection case only upon receiving a complaint from the member of
the house.
·
He
can also refer the matter to Committee of Privileges for inquiry.
·
Defection
has no immediate and automatic effect.
7.
Advantages
of the Act:
a)
Provides
greater stability in the political system
b)
Facilitates
democratic realignment by allowing merger of political parties.
c)
Reduces
corruption at the political level by checking on defection of individual
legislators.
d)
The
act provides for a constitutional recognition to the existence of political
parties.
8.
Criticism
associated with the act:
a)
Promotes
tyranny of the party in the name of part discipline and curbs individual
legislator’s Right to free speech and Freedom of Conscience.
b)
The
distinction between individual defection and group defection is irrational.
c)
The
act does not provide for expulsion of a legislator from the concerned party for
his activities outside the legislature.
d)
The
distinction between independent member and Nominated member is irrational, in
the context of defection.
e)
The
authority of the presiding officer to decide matters of defection is
questioned:
·
His
decisions may not be free of political exigencies.
·
He
lacks the legal knowledge and experience to adjudicate on such matters.
