News: Recently, the Calcutta High Court disqualified senior political leader from the West Bengal Legislative Assembly.
About Anti-Defection Law
- It was introduced through the 52nd Constitutional Amendment (1985) by adding the Tenth Schedule to the Constitution.
- Purpose: To curb political defections motivated by the lure of office, money, or other similar incentives—popularly highlighted by the “Aaya Ram, Gaya Ram” episode of 1967.
- Scope: Applies to Parliament and all state legislative assemblies.
- Grounds for Disqualification:
- A legislator voluntarily gives up membership of their political party (which can be inferred from conduct, not only formal resignation).
- A legislator violates the party whip by abstaining from voting or voting against party directions.
- Judicial Interpretation:
- “Voluntarily giving up membership” has a broad meaning, covering conduct such as public criticism of the party or participation in opposition rallies.
- Courts insist on no intervention until the Presiding Officer gives a decision but allow review after.
- Independent and nominated members:
- Independent legislators are disqualified if they join a political party after being elected.
- Nominated members may join a party within six months of being nominated; after that period, joining a party leads to disqualification.
- Authority to Decide Disqualification:
- The Presiding Officer (Speaker/Chairman) decides on defection petitions.
- Their decision is subject to judicial review by the High Courts and the Supreme Court.
- No Specified Time Limit: The law does not fix a timeline for the Presiding Officer to decide cases, resulting in delays that have been criticised by courts and committees.
- Exceptions (No Disqualification):
- Party merger: If two-thirds of a party’s legislators agree to merge with another party.
- Members who stay with the original party or merge with the new one are both protected.
