Anti-Defection Law in India: Provisions, Amendments and Implications |
Anti-Defection Law: 52nd Amendment Act of 1985
- The 52nd amendment act of 1985 is often referred to as “Anti-defection law”. it made changes in four Articles of the Constitution i.e. Articles 101, 102, 190 and 191 which relate to the vacation of seats and disqualification from membership of Parliament and the state legislatures.
- This amendment added a new schedule (the Tenth Schedule) to the constitution.
- It provided for the disqualification of the members of Parliament and State legislatures on the ground of defection from one party to another.
Impact of the 91st Amendment Act (2003) on Anti-Defection Laws and Ministerial Limitations
The 91st Amendment Act of 2003 has made the following provisions to limit the size of Council of Ministers, debar defectors from holding public offices, and to strengthen the anti-defection law:
- The total number of ministers, including the PM, in the Central Council of Ministers and total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed 15 percent of the total strength of the Lok Sabha (Article 75) and Legislative Assembly of that state (Article 164) But, the number of ministers, including the Chief Minister, in a state shall not be less than 12.
- A member of either House of Parliament (Article 75) or either house of state legislature (Article 164) belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.
- A member of either House of Parliament or either House of a State Legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to hold any remunerative political post.
- The provision of the Tenth Schedule (anti-defection law) pertaining to exemption from disqualification in case of split by one-third members of legislature party has been deleted. It means that the defectors have no more protection on grounds of splits.
Key Disqualifications Under the Anti-Defection Law in India
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DISQUALIFICATIONS |
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| Members of Political Parties: | A member of House belonging to any political party becomes disqualified for being a member of the house:
a. If he voluntarily gives up his membership of such political party; or b. If he votes or abstains from voting in such House contrary to any direction issued by his political party without obtaining prior permission of such party and such act has not been condoned by the party within 15 days. |
| Independent Members: | An independent member of a House (elected without being set up as a candidate by any political party) becomes disqualified to remain a member of the House if he joins any political party after such election. |
| Nominated Members: | A nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat in the House. This means that he may join any political party within six months of taking his seat in the House without inviting this disqualification. |
| Exceptions: | The above disqualification on the ground of defection does not apply in the following two cases:
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