Question

Read the following statements about the Anti-Defection Law.

1. A nominated member is disqualified if they join a political party within six months of taking their seat.

2. An independent member is disqualified if they join any political party after their election.
   Which of the statements given above is/are correct?
   

• A. 1 only
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

B. 2 only

Anti-Defection Law (Tenth Schedule)

• The Anti-Defection Law was introduced in India by the 52nd Amendment Act of 1985.

• Its primary objective is to prevent political defections by members of Parliament (MPs) and State Legislative Assemblies (MLAs) from their original political parties.

• The law is enshrined in the Tenth Schedule of the Indian Constitution.

Disqualification of Members under the Anti-Defection Law

• For a Member of a Political Party: A member elected on a party ticket is disqualified if they:

  • Voluntarily give up their membership of the political party.

  • Vote or abstain from voting in the House contrary to any direction (whip) issued by their political party, without obtaining prior permission from the party.

• For an Independent Member: An independent member is an individual elected without being sponsored by any political party. Such a member is disqualified if they join any political party after their election. This directly relates to the correctness of statement 2.

• For a Nominated Member: A nominated member (e.g., in Rajya Sabha) has a specific window to join a political party. They are allowed to join any political party within six months from the date on which they take their seat in the House. However, if a nominated member joins a political party after the expiry of six months from the date they take their seat, they are disqualified. This clarifies why statement 1 is incorrect, as it implies disqualification if they join *within* six months, which is not the case.

Key Facts for Competitive Exams

• The presiding officer of the House (Speaker in Lok Sabha, Chairman in Rajya Sabha) is the final authority to decide on questions of disqualification under the Tenth Schedule.

• The decision of the presiding officer is subject to judicial review. This principle was established in the landmark Kihoto Hollohan vs. Zachillhu (1992) Supreme Court judgment.

• The 91st Amendment Act of 2003 made significant changes to the Anti-Defection Law, primarily by removing the 'split' provision (which allowed one-third members to defect without disqualification). This amendment also capped the size of the Council of Ministers at 15% of the total strength of the Lok Sabha/State Legislative Assembly.

• Exceptions to Disqualification:

  • When a political party merges with another political party, provided that at least two-thirds of the members of the legislative party concerned have agreed to such a merger.

  • When a member is elected as the presiding officer of the House (Speaker/Chairman) and voluntarily gives up their party membership, or rejoins it after ceasing to hold that office.