Conflicts regarding the Anti defection law. Its issues With the ongoing developments in Rajasthan once again this topic comes into play. The purpose of anti-defection law was to prevent Member of Parliament or state legislature not to switch any party.
Hence providing that politician would remain intact to the mandate of the people. This would also prevent corruption among the political party.52nd Amendment Act of 1985 provided for the disqualification of the Member of Parliament and state legislature on ground of defection from one political party to another.
Later 91st Amendment Act of 2003 made one change in the provision of 10th schedule. In case of split the disqualification on the ground of defection won’t be applicable.
When a political member does is disqualified?
If he voluntarily gives up the membership of the political party he is from. If he votes or abstains from voting which goes to the contrary to any direction issued by his political party without prior permission. Such act can be forgive by the party within 15 days
When an independent member does is disqualified?
Independent candidate who was elected without being a member of political party but joins the political party after election, his membership is cancelled.
When a nominated member does is disqualified?
A nominated member is disqualified on the ground if one joins the political party after the expiry of six months.
Every law comes up with some exemption what they are,
Let’s have a look.
If a member goes out of this party as a result of a merger of the party with another party. A merger will take place only he has 2/3rd of the member who is willing to with merger.
If a member after being elected as presiding officer of the house gives up the membership of the party and rejoins the party after he quits the job of presiding officer.
This exemption is given in order to give the office of presiding officer to be impartial.
Who has the deciding authority?
The decision of the presiding officer is final. In the original act decision of the presiding officer is final and could not be challenged in any court.
In Kihoto Holohan Case the basic question that was raised whether by giving absolute power to the speaker through the 10th schedule violates the basic structure doctrine.
Majority Judgement : The speaker of the Lok Sabha and the Chairman of the Rajya Sabha are the guardian of the rights of an privileges of the house.
Ensures greater stability in the elected government
Facilitates democratic realignment of parties in the form of merger.
Reduces corruption in the party level so that none of the member of the parliament or Legislative assembly is carried away by the bribes from the opponent party.
It fails to differentiate between dissent and defection.
Member could not express his view if it goes against the party. Member is bound to follow whatever is pre decided.