Defection Case Study

ANTI-DEFECTION LAW AND INDIAN POLITICS

SUBMITTED BY:

RASHI CHOUDHARY (A3211116062)

KARANVIR HOODA (A3211116009)

B.A.LLB(H) SETION ‘A’

CONSTITUTUINAL LAW PROJECT

INTRODUCTION

What does defection means?

Defection has one of the noticeable practices seen in the Indian politics. It has played a very important role in making and unmaking of the governments. Defection means:

• If a member remains absent in the house when asked to by the party leadership to remain present or

• Votes against the instructions of the party or

• Voluntarily leaves the membership of the party is deemed to be defection.

How does parliament regulate itself?

As we all know, parliament is the debating forum.

The law states that the decision is final and not subject to judicial review. The Supreme Court struck down part of this condition. It held that there may not be any judicial intervention until the presiding officer gives his order. However, the final decision is subject to appeal in the High Courts and Supreme Court.

Provisions of the Constitution ( About the Law)

The Tenth Schedule to the Constitution, known as the Anti-Defection Law, introduced by the Constitution (Fifty-second Amendment) Act, 1985 as amended by the Constitution (Ninety-First Amendment) Act, 2003 lays down the conditions regarding disqualification, on ground of defection. The main provisions of the Tenth Schedule are summarized below:—

• An elected member of Parliament or a State Legislature, who has been elected as a candidate set up by a political party and a nominated member of Parliament or a State Legislature who is a member of political party at the time he takes his seat would be disqualified on the ground of defection if he voluntarily gives up his membership of such political party or votes or abstains from voting in the House contrary to any direction of such

This law also provides for certain exceptions:

• Provisions have been made with respect to mergers of political parties. No disqualification would be incurred when a legislature party decides to merge with another party and such decision is supported by not less than two-thirds of its members.

• Special provision has been made to enable a person who has been elected to the office of the Speaker or the Deputy Speaker of the House of People or of the Legislative Assembly of a State or to the office of the Deputy Chairman of the Council of States or the Chairman or the Deputy Chairman of Legislative Council of a State, to sever his connections with his political party without incurring disqualifications.

The question as to whether a member of a House of Parliament or State Legislature has become subject to the disqualification will be determined by the presiding officer of the House; where the question is with reference to the presiding officer himself it will be decided by a member of the House elected by the House on that