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- An AAP MLA in Delhi has been disqualified under the anti-defection law which is contained in the 10th Schedule of the Constitution. It was enacted by Parliament in 1985.
- The 10th Schedule was inserted to the Constitution through the 52nd Constitutional (Amendment) Act, 1985. The anti-defection law is based on the recommendations of the Y B Chavan committee.
- The purpose of the anti-defection law is to curb political defection by the legislators. The law applies to both Parliament and state assemblies.
- It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
- There are two grounds on which a member of a legislature can be disqualified: a) if he/she voluntarily gives up the membership of his/her party and b) if a legislator votes in the House against the direction of his/her party and his/her action is not condoned by his party.
- There is an exception that has been provided in the law to protect the legislators from disqualification. The 10th Schedule says that if there is a merger between two political parties and two-thirds of the members of a legislature party agree to the merger, they will not be disqualified.
