Anti-Defection Law

Background

  • In 2017, a group of 19 lawmakers met then Governor C.Vidyasagar Rao and gave a memorandum expressing loss of confidence in Palaniswami and requested him to appoint a new Chief Minister.
  • The Speaker then issued notice to the lawmakers asking them why they should not be disqualified under the anti-defection law.
  • Subsequently, one of legislators, S.T.K. Jakkaiyan, switched over to the Palaniswami side and the others were disqualified.

The anti-defection law:

  • The 10th Schedule to the Constitution, popularly referred to as the ‘Anti-defection Law,’ was inserted by the 52nd Amendment in 1985.
  • The grounds for disqualification are mentioned under Articles 102 (2) and 191 (2). A Member of Parliament or state legislature is deemed to have defected:
  • When the elected member voluntarily gives up his membership of a political party.
  • If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorised to do so, without obtaining prior permission.
  • Independent members would be disqualified if they joined a political party.
  • Nominated members who were not members of a party could choose to join a party within six months; after that period, they were treated as a party member or independent member.

Exceptions under the law

  • Any person elected as speaker or chairman could resign from his party, and rejoin the party if he demitted that post.
  • A party could be merged into another if at least two-thirds of its party legislators voted for the merger.
  • The law initially permitted splitting of parties, but that has now been outlawed.

Decision of the presiding officer is subject to judicial review

  • The law initially stated that the decision of the Presiding Officer is not subject to judicial review.
  • This condition was struck down by the Supreme Court in 1992, thereby allowing appeals against the Presiding Officer’s decision in the High Court and Supreme Court.
  • However, it held that there may not be any judicial intervention until the Presiding Officer gives his order.

Location: Thiruvananthapuram, Kerala, India

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