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Learn about the anti-defection law, which prevents political defections by MPs and MLAs, and the 10th Schedule, which defines the grounds and procedures for disqualification. Also, understand the role of the Speaker or Chairman in deciding on defection cases and the judicial review of their decisions.
- 43 min
- Introduction
- What Is Defection?
- What Is Law of Anti-Defection?
- Introduction of Anti-Defection Framework in Indian Constitution
- History and Need For Anti-Defection Laws
- Exceptions
- Bar on Jurisdiction of Courts Under The Defection Laws
- Disqualification on The Ground of Voluntary Giving Up of Membership
- Powers of Court to Review The Decision of Speaker
- Burden of Proof
- GeneratedCaptionsTabForHeroSec
In recent times, Defection Laws have been a fundamental issue due to complete violation of the defection rules in the country by the leaders. Since independence, the practice of defection has been a debatable issue in India. We can take into account, the crisis of Madhya Pradesh Government in March, 2020, wherein Jyotiraditya Scindia along with 22 ...
The Oxford dictionary has described Defection as the act of leaving your own country or political party and joining an opposite one. According to the report of committee on defection in 1967, Defector was defined as a person “who is an elected member of the legislature and had been allotted the reserve symbol of any political party. He can be said ...
Anti Defection Laws basically provide for the grounds under which a Member Legislative Assembly or a Member Parliament can lose his privileges as an Elected Representative of a party and hence can be disqualified from the party. These Grounds have been provided under the Tenth Schedule of the Constitution. The Indian Judiciary has time and again in...
The bill for Anti- Defection was proposed by Rajiv Gandhi and it was approved unanimously by both the houses and came into effect on 18 March 1985, after receiving the assent of the president. The Anti-Defection provision was added into the constitution by the way of Tenth schedule of the constitution by the 52ndAmendment in the constitution in 198...
There is a well-known phrase of “Aaya Ram Gaya Ram” which relates back to 1967, when Gaya Lal, who was a congress leader fortnight went from congress to Janata Party and then back to congress and then again to Janata Party. In the journal titled “Aya Ram Gaya Ram- The politics of defection”by the Indian Law Institute in 1979, it was stated that bet...
Disqualification under the purview of Anti-Defection shall not apply in case of split/merger of 1/3rd or more of the members of a party to another party. It shall also not apply in the event of a merger i.e. 1/3rd of the members or more merge with any other party. This exception where 1/3rdmembers was however revised by the way of 91stamendment in ...
Para 7 of the Tenth Schedule puts a bar on the jurisdiction of the court in respect on disqualification of a member of the house. This was against the basic structure doctrine which was developed by the Supreme Court in“Kesavananda Bharati case”. in which the basic features of the constitutional were established. The parliament cannot make any alte...
Para 2(1)(a) of the Anti-Defection law explains about the voluntary giving up of the membership by the members. This was cleared in the Ravi S Naik v Union of India (1994). In this case the Supreme Court gave a wider prospect to “resignation by voluntarily giving the membership”. The court observed that a person may voluntarily give up his membersh...
The Speaker is not absolutely immune from judicial review, the immunity is provided to the speaker by Para 6 of the Tenth schedule. This was affirmed in Rajendra Singh Rana and Ors. vs. Swami Prasad Maurya and Ors.(2007). In this case, the speaker had not made a finding into the split and had accepted the split through a claim made by the members. ...
When specific questions against a member for his willingness to leave the party, the burden of proof that there was no willingness to leave the party will always be against the legislator against whom charges are made. This point was observed in the Ravi S Naikjudgement by the Supreme Court.
Learn about the anti-defection laws that aim to prevent defection of elected representatives from their political parties in India. Find out the grounds for disqualification, the exceptions, the role of the speaker and the court, and the lacunas in the law.
Learn about the anti-defection law in India, which aims to prevent political defection by imposing penalties on politicians who switch parties or violate party discipline. Understand the important provisions, exceptions, amendments, and criticisms of the law, as well as the role of the speaker and the judiciary.
The law. The anti-defection law enshrined through the introduction of the Tenth Schedule in the Constitution of India comprises 8 paragraphs. The following is a brief summary of the contents of the law: Paragraph-1: Interpretation. This section handles the definitions of distinct terms applied in laying out the legislation.
- The Constitution (Fifty-Second Amendment) Act, 1985
- India
- 30 January 2001
- Lok Sabha
Learn about the constitutional provision that disqualifies legislators who defect from their parties or vote against their party whip. Find out the exceptions, interpretations and controversies of the anti-defection law in India.
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What is Anti Defection Law?
Nov 28, 2020 · Learn about the Tenth Schedule of the Indian Constitution that disqualifies legislators for defection or abstention from their political party. Find out the exceptions, challenges and recommendations to improve the law based on Supreme Court cases and reports.
Dec 20, 2023 · The Anti-Defection Law in the Indian Constitution aims for democratic stability by curbing political defections. Despite its importance, challenges such as restricting legislators' freedom and procedural issues underscore the necessity for reforms. Inspired by international experiences, proposed steps aim to balance stability and accountability.
