{"id":8453,"date":"2019-07-25T17:40:27","date_gmt":"2019-07-25T12:10:27","guid":{"rendered":"http:\/\/factly.forumias.com\/?p=8453"},"modified":"2019-07-25T17:40:27","modified_gmt":"2019-07-25T12:10:27","slug":"the-limits-of-anti-defection","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/the-limits-of-anti-defection\/","title":{"rendered":"The Limits of Anti-Defection"},"content":{"rendered":"\n
  1. The\nrecent political crisis in Karnataka has demonstrated the ways in which the\nanti-defection law can be used and abused.<\/li>
  2. The\nanti-defection law is contained in the 10th Schedule of the Constitution. The\n10th<\/sup> Schedule was inserted to the Constitution through the 52nd<\/sup>\nConstitutional (Amendment) Act, 1985. The anti-defection law is based on the\nrecommendations of the Y B Chavan committee.<\/li>
  3. The\namendment by which the Tenth Schedule was inserted in the Constitution did 3\nthings: it made legislators liable to be penalised for their conduct both\ninside and outside (speeches etc.) the legislature, b) it protected legislators\nfrom disqualification in cases where there was a split (with 1\/3rd of members\nsplitting) or merger (with 2\/3rds of members merging) of a legislature party\nwith another political party and c) it made the Presiding Officer of the\nconcerned legislature the sole arbiter of defection proceedings.<\/li>
  4. The\npurpose of the anti-defection law is to curb political defection by the\nlegislators. The law applies to both Parliament and state assemblies. It lays\ndown the process by which legislators may be disqualified on grounds of\ndefection.<\/li>
  5. There\nare two grounds on which a member of a legislature can be disqualified: a) if\nhe\/she voluntarily gives up the membership of his\/her party and b) if a\nlegislator votes in the House against the direction of his\/her party and his\/her\naction is not condoned by his party.<\/li>
  6. In\n2003 the anti-defection law was amended to delete the one-third split provision\nwhich offered protection to defectors was deleted.<\/li>
  7.  The anti-defection law has had its loopholes\nand has been abused. For example, the n law does not specify a timeframe for\nSpeakers to decide on defection proceedings. When the politics demanded,\nSpeakers were either quick to pass judgment on defection proceedings or delayed\nacting on them for years on end.<\/li><\/ol>\n","protected":false},"excerpt":{"rendered":"

    The recent political crisis in Karnataka has demonstrated the ways in which the anti-defection law can be used and abused. The anti-defection law is contained in the 10th Schedule of the Constitution. The 10th Schedule was inserted to the Constitution through the 52nd Constitutional (Amendment) Act, 1985. The anti-defection law is based on the recommendations… Continue reading The Limits of Anti-Defection<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1234],"tags":[7135],"class_list":["post-8453","post","type-post","status-publish","format-standard","hentry","category-polity-current-affairs","tag-anti-defection-law","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704693720},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/8453","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=8453"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/8453\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=8453"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=8453"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=8453"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}