UP Elections 2022: What is Anti- Defection Law? Know its meaning and importance

16 Jan, 2022

Anti Defection Law: Anti Defection law is enshrined in the 10th Schedule of the Indian Constitution. This law is designed to prevent political defections prompted by the lure of office or material benefits. The law was passed by Parliament in 1985 and reinforced in 2002. The 10th schedule is enlisted in the 52nd amendment act of 1985 to the constitution. 


‘Defection’ has been defined in the constitution as, “To abandon a position or association, often to join an opposing group”. The primary function of this law is to The Anti-Defection Law aims to prevent MPs from frequent switching political parties for any personal motive or material benefit. 

Provisions under Anti-Defection Law(10th Schedule)



The following provisions are in the 10th schedule with regard to the disqualification of MPs and MLAs on the grounds of defection
  • elected member giving up his membership of a political party voluntarily. 
  • If he votes or abstains from voting in the House, contrary to any direction issued by his political party. 
  • If any member who is independently elected joins any party. 
  • A nominated member joins any political party after the end of 6 months.
  • The decision on disqualification questions on the ground of defection is referred to the Speaker or the Chairman of the House.
  • All proceedings in relation to disqualification are considered to be proceedings in Parliament or the Legislature of a state as is the case.

 

Exceptions under the Anti-Defection Law(10th Schedule)

  • When two-thirds of the legislators of a political party decide to merge into another party, neither the members who decide to join nor the ones who stay with the original party will face disqualification. 
  • Any person elected as chairman or speaker can resign from his party, and rejoin the party if he demits that position.
  • Earlier, the law allowed parties to be split, but at present, this has been outlawed.
 

Recommendations for Anti Defection Law

 

  • Dinesh Goswami Committee

  • Law Commission 170th Report

  • Election Commission


To conclude, regulation of the 10th Schedule along with the correct working directives adhere to transparency and accountability in a democracy. As Elections 2022 are approaching, it is important to understand such laws in order to ensure fair play and proper conduction of elections. This provision aims at stability in the government, also decrease corruption. 



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