Gs Paper-2
Syllabus: Parliament and state legislature structure, functioning and conduct of business.
Context:
- In light of the events unfolding in Maharashtra, with the government facing internal dissent from a block of 22 MLAs, the anti-defection law has again come into the spotlight.
- The events in Puducherry highlight, yet again, the absurdity of the anti-defection law.
Anti-defection law:
- The Tenth Schedule – popularly known as the Anti-Defection Act – was included in the Constitution via the 52nd Amendment Act, 1985 and sets the provisions for disqualification of elected members on the grounds of defection to another political party.
- It was a response to the toppling of multiple state governments by party-hopping MLAs after the general elections of 1967.
- However, it allows a group of MP/MLAs to join (i.e. merge with) another political party without inviting the penalty for defection. (At least two-thirds of the members of a party have to be in favour of a “merger” for it to have validity in the eyes of the law).
- It does not penalize political parties for encouraging or accepting defecting legislators.
- The decision on questions as to disqualification on the ground of defection is referred to the Chairman or the Speaker of such House, which is subject to ‘Judicial review’.
Insta Links
To read more about anti-defection law: click here
Practice Questions:
Q. Which of the following is/are grounds for anti-defection?
- If a nominated member joins any Political party before six months.
- When two-thirds of the members of the party are in favour of the merger.
Select the correct answer using the codes given below:
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
Ans: (d)
Q. ‘Anti-defection law undermines representative and parliamentary democracy’. Critically analyze the statement (10M).
Source: The Hindu
