Anti-Defection Law

52nd Amendment Act of 1985 provided for the disqualification of the members of Parliament and the state legislatures on th e ground of defection from one political party to another.

Added a new Schedule (the Tenth Schedule) to the Constitution.

PROVISIONS OF THE ACT

■ A member of a House belonging to any political party becomes disqualified for being a member of the House

If he/she

(a) voluntarily gives up his/ her membership of such political party.
or

(b) if he/ she votes or abstains from voting in such House contrary to any-direction issued by his/her political party without obtaining prior permission of such party and such act has not been condoned by the party within 15 days.

 

■ An independent member of a House (elected without being set up as a candidate by any political party)
becomes disqualified to remain a member of the House if he/ she joins any political party after such election.

■ Disqualified for being a member of the House if he/she joins any political party after the expiry of six months
from the date on which he/she takes his/ her seat in the House.

Exceptions

Cases:
(a) If a member goes out of his/her party as a result of a merger of the party with another party.
A merger takes place when two-thirds of the members of the party have agreed to such merger.

(b) If a member, after being elected as the presiding officer of the House.

 

■ Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House.