Q. With reference to Anti defection law, consider the following statements:
1. Deputy chairman of Rajya Sabha is not disqualified under anti-defection law when s/he voluntary gives up the membership of his/her party.
2. A ‘defection’ by at least one-third of the elected members of a political party is considered a ‘merger’.
3. Abstaining from voting by a member of the House, against the directives of his party, can be considered as defection.
How many of the above-given statements are correct?
Exp) Option b is the correct answer.
The Anti-Defection Law was passed in 1985 through the 52nd amendment, adding Tenth Schedule to the Indian Constitution. The main intent of the law was to prevent political defections.
Statement 1 is correct: A member of a house when elected for the office of presiding officer is not subjected to disqualification under anti defection law if he/she voluntary gives up the membership of his/her party or rejoins it after ceasing to hold the said office. Speaker or the Deputy Speaker of the House of People, Deputy Chairman of the Council of States can voluntarily give up their party membership without attracting the disqualification under anti-defection law.
Statement 2 is incorrect: As per the 52nd Amendment Act, 1985 Act, a ‘defection’ by one-third of the elected members of a political party was considered a ‘merger’. But the 91st Constitutional Amendment Act, 2003, changed this and presently at least two-thirds of the members of a party have to be in favour of a “merger” for it to have validity.
Statement 3 is correct: A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote. This implies that a legislator defying (abstaining or voting against) the party whip on any issue can lose his membership of the House.
