anti defection Flashcards
What does the anti-defection law punish?
Individual Members of Parliament (MPs)/Members of the Legislative Assembly (MLAs) for leaving one party for another.
In what year was the anti-defection law added to the Constitution?
1985
What is the purpose of the anti-defection law?
To bring stability to governments by discouraging legislators from changing parties.
What is the Tenth Schedule commonly known as?
The Anti-Defection Act
Through which amendment was the Tenth Schedule included in the Constitution?
The 52nd Amendment Act, 1985
What does the Tenth Schedule set provisions for?
The disqualification of elected members on the grounds of defection to another political party.
What event prompted the introduction of the anti-defection law?
The toppling of multiple state governments by party-hopping MLAs after the general elections of 1967.
What is one ground for defection related to voluntary actions?
If an elected member voluntarily gives up his membership of a political party
This refers to the situation where a member chooses to leave their political party without external pressure.
What constitutes a violation of instructions in the context of defection?
If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorized to do so, without obtaining prior permission
This highlights the importance of party directives and the consequences of ignoring them.
What happens if an independently elected member joins a political party?
It is considered a ground for defection
Independently elected members are expected to maintain their status without aligning with a political party.
What is the rule for nominated members joining political parties?
If any nominated member joins any political party after the expiry of six months
This rule is in place to ensure that nominated members do not rush to align with political parties immediately after their appointment.
What does the law allow a group of MP/MLAs to do without penalty for defection?
Join (i.e., merge with) another political party
This implies that the law provides some flexibility for political members to change allegiances without facing defection penalties.
According to the 1985 Act, how many members of a political party were needed to consider a defection as a merger?
One-third of the elected members
This provision was aimed at allowing a certain level of flexibility within political party structures.
What change did the 91st Constitutional Amendment Act, 2003, introduce regarding party mergers?
At least two-thirds of the members must be in favour of a merger
This change was made to ensure that a significant majority supports the merger.
What can members disqualified under the law do?
Stand for elections from any political party for a seat in the same House
This provision allows disqualified members to continue participating in the political process.
Who decides on questions of disqualification on the ground of defection?
The Chairman or the Speaker of such House
This decision-making authority is crucial for maintaining order and legality within legislative bodies.
True or False: The law provides a specific timeframe for the presiding officer to decide a defection case.
False
The absence of a timeframe can lead to delays in resolving defection cases.
Fill in the blank: A ‘defection’ by _______ of the elected members of a political party was considered a ‘merger’ under the 1985 Act.
one-third
What is subject to ‘Judicial review’ in the context of defection?
The decision on questions as to disqualification on ground of defection
Judicial review ensures that the decisions made by legislative leaders can be challenged in court.
