Question

With reference to the Anti-Defection Law under the 52nd Constitutional Amendment, consider the following statements:

i. A member of a House is disqualified if they voluntarily give up membership of their political party.

ii. The decision of the presiding officer regarding disqualification is final and cannot be questioned in any court.

iii. The 91st Amendment removed the exemption from disqualification in case of a split in a political party.

iv. A nominated member can join a political party within six months of taking their seat without inviting disqualification.

Which of the statements given above are correct?

• A. i, iii, and iv only
• B. i, ii, and iii only
• C. ii, iii, and iv only
• D. i and iv only

Answer 1

Answer:

A. i, iii, and iv only

Anti-Defection Law - 52nd Constitutional Amendment Act, 1985

• Introduction: The Tenth Schedule of the Indian Constitution, popularly known as the Anti-Defection Law, was added by the 52nd Constitutional Amendment Act of 1985. Its primary aim is to curb the 'evil of defection' that threatened the stability of governments.
• Grounds for Disqualification:
• Voluntary Giving Up Membership: A Member of Parliament (MP) or a Member of the Legislative Assembly (MLA) can be disqualified if they voluntarily give up their membership from their political party. This is a key provision to ensure party discipline.
• Defection by Voting/Abstention: Disqualification also occurs if a member votes or abstains from voting in the House contrary to the direction issued by their political party, without prior permission or subsequent condonation.
• Independent Members: An independent member who joins any political party after the expiration of six months from the date they are seated is also subject to disqualification.
• Nominated Members: A nominated member can join any political party after the six-month period has elapsed from the date of their nomination, and will not be disqualified for doing so.
• Role of the Presiding Officer:
• The Presiding Officer of the House (Speaker in Lok Sabha, Chairman in Rajya Sabha, or Speaker/Chairman in State Legislatures) decides on questions of disqualification.
• Judicial Review: However, the Supreme Court, in the Kihoto Hollohan case (1992), ruled that the decision of the Presiding Officer is subject to judicial review. This means their decisions can be challenged in courts, making statement (ii) incorrect.
• Amendments and Exemptions:
• Split Provision (Omitted): The original Act provided that if one-third of the members of a legislature party decided to split from the original party, they would not be disqualified.
• 91st Constitutional Amendment Act, 2003: This amendment significantly altered the law by removing the exemption related to splits. Now, a split in a political party does not exempt members from disqualification. This amendment strengthened the Anti-Defection Law, making statement (iii) correct.
• Key Points for Exams:
• The 52nd Amendment added the Tenth Schedule.
• The 91st Amendment (2003) removed the provision for splits.
• The Presiding Officer's decision is subject to judicial review.
• Independent members and nominated members have specific provisions regarding joining political parties.