Short Essay on Anti-defection Law – In order to check the tendency of the politicians to shuttle from one political party to the other the anti-defection law was enacted.
The provision for the anti-defection law finds place in the 10th Schedule to the Constitution of India, which was introduced by the 52nd Amendment to the Constitution in 1985.
As per the law if a member defects from his party to some other party he is disqualified by the Speaker. However, such disqualification is not beyond judicial review and can be successfully challenged in an appropriate court of law.
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There are two exceptions. First, no member can be disqualified if a group of 1/3 of total members of party decides to split; and second, if a group of 2/3 of the total members of a party decide to merge with some other party.
The 91st Amendment of 2003 to the Constitution provides that a member of either Lok Sabha or Rajya Sabha, belonging to any political party, who is disqualified for being a member of that House shall be disqualified to become a minister from the date of disqualification till the date of expiry of his membership or till the date of being elected if he contests and wins in any election before the expiry of such period.
