UPSC Current Affairs
Anti-Defection Law
Why in news: Recently, Government is contemplating to introduce a bill to make amendments to the Anti- Defection law in order to effectively curb the defections. More about Anti-Defection law: It is introduced by the 52nd Constitutional Amendment Act,1985. It added a new schedule i.e, tenth schedule to the constitution of India.
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Why in news: Recently, Government is contemplating to introduce a bill to make amendments to the Anti- Defection law in order to effectively curb the defections. More about Anti-Defection law: It is introduced by the 52nd Constitutional Amendment Act,1985. It added a new schedule i.e, tenth schedule to the constitution of India.
Why in news: Recently, Government is contemplating to introduce a bill to make amendments to the Anti- Defection law in order to effectively curb the defections.
More about Anti-Defection law:
- It is introduced by the 52nd Constitutional Amendment Act,1985.
- It added a new schedule i.e, tenth schedule to the constitution of India.
Provisions of the Act:
1. Disqualification :
- Member of political party : He is disqualified if he voluntarily gives up his membership of his political party or voting in contrast to the order given by the whip.
- Independent members : He is disqualified if he joins any political party after such election.
- Nominated members : He is disqualified if he joins any political party after the expiry of six months from the date on which he takes his seat in the House.
2. Exceptions :
- Merger : If a member goes out of his party as a result of a merger of the party with another party. A merger takes place when 2/3rd of the party members are agreed to such merger.
- If any member is selected to the seat of speaker then he can voluntarily resigns from his party.
3. Deciding authority :
- The speaker is the deciding authority in settling the anti defection case.
- In Kihoto Hollohan case (1993) Supreme Court said that the speaker’s decision while deciding the anti defection case is subjected to judicial review.
91st Amendment Act, 2003 :
- It reduced the strength of Council of Ministers to the 15% of the total strength of the Loksabha.
- An MP or an MLA who is disqualified on the ground of defection shall also be disqualified to be appointed as a Minister.
- It removed the protection that was available in the case of splits by 1/3rd members of legislature in the political party.
Issues with the act :
- It does not give enough room to the freedom of speech and Expression.
- Its difference between nominated and Independent members is illogical.
- It allows group defections while debars individual elections.
Syllabus : Prelims + Mains; GS2- polity and Governance
- Prelims: Key facts, institutions, locations and terminology in the article.
- Mains: Connect the topic with Polity & Governance.
- Revision: Use the article headings to prepare concise notes and answer-writing points.
Test your understanding
Questions from this article
Prelims practiceWith reference to Anti-Defection Law, consider the following statements:
- It is introduced by the 52nd Constitutional Amendment Act,1985.
- It added a new schedule i.e, tenth schedule to the constitution of India.
- Member of political party : He is disqualified if he voluntarily gives up his membership of his political party or voting in contrast to the order given by the whip.
Which of the statements given above are correct?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
View answer
Answer: (d) 1, 2 and 3. All three statements are drawn from the article.
Mains practiceDiscuss the background, key issues and significance of Anti-Defection Law for India.
Answer in 250 words.
View answer approach
- More about Anti-Defection law:
- Provisions of the Act:
- 1. Disqualification :
- 2. Exceptions :
- 3. Deciding authority :
Frequently asked questionsFrequently asked questions
Why is Anti-Defection Law in the news?
Why in news: Recently, Government is contemplating to introduce a bill to make amendments to the Anti- Defection law in order to effectively curb the defections. More about Anti-Defection law: It is introduced by the 52nd Constitutional Amendment Act,1985.
What are the key facts about Anti-Defection Law?
It added a new schedule i.e, tenth schedule to the constitution of India. Disqualification : Member of political party : He is disqualified if he voluntarily gives up his membership of his political party or voting in contrast to the order given by the whip. Independent members : He is disqualified if he joins any political party after such election.
Why is Anti-Defection Law important for UPSC preparation?
The topic connects current developments with Polity & Governance and is relevant for both objective revision and analytical answer writing.