Anti Defection Law / 52nd Amendment of Indian Constitution 1985 | Indian Polity | UPSC

Описание: #AntiDefectionLaw #52ndAmendment #IndianPolity #10thschedule #Article102 #Article191 #UPSC #IAS

Anti Defection Law 10th Schedule / 52nd Amendment of Indian Constitution 1985
The anti-defection law punishes individual MPs/MLAs for leaving one party for another. It allows a group of MP/MLAs to join (i.e. merge with) another political party without inviting the penalty for defection. It does not penalise political parties for encouraging or accepting defecting legislators. Parliament added it to the Constitution as the Tenth Schedule in 1985. Its purpose was to bring stability to governments by discouraging legislators from changing parties. It was a response to the toppling of multiple state governments by party-hopping MLAs after the general elections of 1967.

The law covers three kinds of scenarios. One is when legislators elected on the ticket of one political party “voluntarily give up” membership of that party or vote in the legislature against the party’s wishes. A legislator’s speech and conduct inside and outside the legislature can lead to deciding the voluntarily giving up membership.

The second scenario arises when an MP/MLA who has been elected as an independent joins a party later. The third scenario relates to nominated legislators. In their case, the law specifies that they can join a political party within six months of being appointed to the House, and not after such time.

Violation of the law in any of these scenarios can lead to a legislator being penalised for defection. The Presiding Officers of the Legislature (Speaker, Chairman) are the deciding authorities in such cases.

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