India's Anti Defection Law Chapter 72

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Anti-Defection Law in India: FAQ 1- What is the Anti-Defection Law in India? The Anti-Defection Law, officially the Tenth Schedule of the Indian Constitution, was introduced in 1985 to prevent political defections motivated by personal gain or other considerations. The law aims to curb unprincipled political defections and enhance the stability of Indian parliamentary democracy. It lays down the process for disqualifying members of Parliament and state legislatures who defect from their political parties. 2- What are the main provisions of the Anti-Defection Law? The law states that a member of a House belonging to a political party can be disqualified if they: Voluntarily give up the membership of their party. Vote or abstain from voting contrary to the party's direction without prior permission. Join another political party after being elected as an independent member. Join a political party after six months of taking their seat as a nominated member. 3- Are there any exceptions to the disqualification under the Anti-Defection Law? Yes, the law provides two exceptions to the disqualification: Merger of Parties: If a member's party merges with another party and two-thirds of its members agree to the merger, the member will not be disqualified. Presiding Officers: If a member becomes the presiding officer of a House and voluntarily gives up their party membership or rejoins it after their term, they will not be disqualified. 4- Who decides on the disqualification of a member under the Anti-Defection Law? The presiding officer of the House is the deciding authority in cases of disqualification under the Anti-Defection Law. Their decision is subject to judicial review on grounds of mala fides or perversity, as ruled by the Supreme Court in the Kihoto Hollohan case (1993). 5- How does the Anti-Defection Law affect the size of the Council of Ministers? The 91st Amendment Act of 2003 introduced a provision limiting the size of the Council of Ministers at both the Central and state levels to 15% of the total strength of the respective Houses. This amendment aims to prevent the formation of abnormally large Councils of Ministers and ensure efficient governance. 6- Can disqualified members hold any other political positions? No, the 91st Amendment Act also disqualifies members who are disqualified on grounds of defection from holding any "remunerative political post." This includes any office under the government or a government-owned body where the salary is paid from public revenue. 7- What are some criticisms of the Anti-Defection Law? Despite its aim to stabilize the political system, the Anti-Defection Law has been criticized for: Curbing Dissent: Critics argue that the law suppresses legislators' right to dissent and freedom of conscience by prioritizing party discipline. Distinguishing Between Individual and Group Defections: The law has been criticized for banning only individual defections while legalizing "wholesale defections" through mergers. Vesting Decision-Making Power in Presiding Officers: Concerns have been raised about the impartiality of presiding officers and their lack of legal expertise to adjudicate defection cases. 8- Has the Anti-Defection Law been successful in preventing defections? While the Anti-Defection Law has helped reduce instances of individual defections, it has not been entirely successful in preventing defections altogether. Critics argue that loopholes like the merger provision allow for mass defections and manipulation of the political system. Additionally, concerns remain about the law's impact on legislative freedom and the potential for partisan bias in its application.

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Discuss Anti-Defection Law. Here is a discussion of the Anti-Defection Law in India: India's Anti-Defection Law The Anti-Defection Law in India was introduced through the 52nd Amendment Act of 1985, with the goal of combating political defections driven by personal gain. This law primarily amended four articles of the Indian Constitution and introduced the Tenth Schedule, which outlines the provisions related to disqualification based on defection. The law aims to foster stability in the Indian political system by discouraging legislators from switching parties for opportunistic reasons. Key Provisions: ●Disqualification of Members: This section of the law specifies the grounds for disqualification of members of Parliament and state legislatures. It addresses different scenarios for members belonging to political parties, independent members, and nominated members. ○Members of Political Parties: A member belonging to a political party can be disqualified if they voluntarily resign from the party or vote against the party's directive without prior permission. ○Independent Members: If an independent member, elected without party affiliation, joins any political party after their election, they face disqualification. ○Nominated Members: A nominated member becomes disqualified if they join a political party after six months from assuming their seat in the House. They are permitted to join a party within the first six months without disqualification. ●Exceptions: The law outlines two exceptions to the disqualification rule: ○Merger of Parties: If a member's party merges with another, with the support of at least two-thirds of its members, disqualification does not apply. ○Presiding Officers: A member elected as the presiding officer of the House can resign from their party or rejoin it after their term without facing disqualification. This exemption acknowledges the impartiality required of the presiding officer's role. ●Deciding Authority: The presiding officer of the respective House holds the authority to decide on disqualification cases related to defection. Initially, the presiding officer's decision was considered final, but the Supreme Court ruled in the Kihoto Hollohan case (1993) that these decisions are subject to judicial review if there are grounds of bias or unfairness. ●Rule-Making Power: The presiding officer has the power to formulate rules for implementing the Tenth Schedule. These rules must be presented to the House for review, and any violation of these rules can be treated as a breach of privilege. Amendments and Criticisms: ●The 91st Amendment Act of 2003 further modified the Anti-Defection Law by eliminating the exemption from disqualification in cases of party splits. This amendment aims to discourage large-scale defections while still holding individual defectors accountable. ●The law has been subject to criticism for not differentiating between legitimate dissent and opportunistic defection, potentially stifling the freedom of conscience of legislators. ●Another criticism points to the irrational distinction between individual and group defections, where larger defections seem to be indirectly encouraged. ●Concerns have been raised about the potential for bias in the presiding officer's role as the deciding authority in defection cases. Overall Evaluation: The Anti-Defection Law in India was introduced with the intention of promoting stability and ethical conduct within the political system. While it has been recognized as a step towards curbing unethical political practices and has seen some success in achieving its objectives, it continues to be subject to debate and criticism. Concerns remain about its impact on freedom of conscience, potential loopholes, and the role of the presiding officer.

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Discuss Political Defections. Here is a discussion about political defections,: ●The 52nd Amendment Act of 1985, often called the "anti-defection law," was added to the Indian Constitution to address politicians switching political parties. This act modified four existing articles and introduced the Tenth Schedule to outline the consequences of defection. The 91st Amendment Act of 2003 further adjusted the Tenth Schedule, removing an exception for disqualification based on party splits. ●The Tenth Schedule defines defection and establishes rules for disqualification. For instance, members of a political party can be disqualified if they voluntarily resign from their party or vote against party directives without prior consent. Independent members are disqualified if they join a party after being elected, while nominated members face disqualification if they join a party six months after assuming their seat. ●There are exceptions to disqualification. One exception is if two-thirds of party members agree to a merger with another party. Another is if an elected member becomes the presiding officer of the House and leaves their party, or rejoins it after their term ends. The 91st Amendment eliminated the exception for disqualification in cases of splits within a legislative party. ●The presiding officer of the House has the authority to determine disqualification due to defection. Initially, their decision was considered final, but the Supreme Court ruled in the Kihoto Hollohan case (1993) that the presiding officer acts as a tribunal, making their decisions subject to judicial review for issues like bias or improper conduct. However, the court maintained that giving the presiding officer the power to decide on defection cases was not inherently invalid due to potential political bias. ●The presiding officer can establish rules to implement the Tenth Schedule, which must be presented to the House for 30 days for potential approval, modification, or disapproval. Existing rules stipulate that the presiding officer can only address a defection case after receiving a complaint from a House member, and the accused member must be given a chance to explain themselves before a final decision is made. Additionally, the presiding officer may refer the matter to the privileges committee for investigation, signifying that defection does not lead to immediate consequences. ●The anti-defection law aims to prevent political defections motivated by personal gain and uphold ethical conduct in Indian parliamentary democracy. Proponents of the law argue that it promotes stability, encourages democratic realignment through party mergers, reduces corruption, and formally acknowledges the role of political parties. ●However, the anti-defection law has faced criticism. Concerns include its failure to differentiate between dissent and defection, potentially restricting legislators' freedom of conscience and giving excessive power to party leaders. The law's distinction between individual and group defection, permitting "wholesale defections" while banning individual ones, is considered irrational. Further, the law does not address expulsion for actions outside the legislature and has inconsistent treatment of independent and nominated members. ●Critics also question the presiding officer's authority to decide on defections, citing potential political bias and a lack of legal expertise. This concern is exemplified by doubts raised by two Lok Sabha Speakers (Rabi Ray in 1991 and Shivraj Patil in 1993) regarding their own suitability to handle defection cases. ●The 91st Amendment Act was enacted in 2003 due to ongoing calls for strengthening the anti-defection law, particularly in light of its perceived ineffectiveness in curbing defections and its tolerance of "bulk defections." The amendment addressed criticisms that the exemption for party splits was destabilizing the government, as highlighted by recommendations from various committees, including the Committee on Electoral Reforms (1990), the Law Commission of India (1999), and the National Commission to Review the Working of the Constitution (2002). These committees advocated for removing the exemption for splits, penalizing defectors by barring them from public office, and establishing a limit on the size of Councils of Ministers. ●The 91st Amendment introduced several provisions. It limited the size of the Central Council of Ministers to 15% of the Lok Sabha's total strength and disqualified members disqualified for defection from serving as ministers. Similar restrictions were imposed on state-level Councils of Ministers, with a minimum of 12 ministers allowed. The amendment also prohibited defectors from holding any paid political position in the government or government-owned entities. Finally, the exemption from disqualification for party splits was removed, leaving no protection for those engaging in such actions.

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Discuss Party Discipline. Party Discipline and India's Anti-Defection Law The podcast detail party discipline in India, enshrined in the Tenth Schedule of the Constitution, known as the "anti-defection law". The law aims to curb political defections driven by self-interest, enhancing the stability of Indian parliamentary democracy. Key Provisions of the Anti-Defection Law ●Disqualification: The law outlines scenarios where members of Parliament or state legislatures face disqualification: ○Members of Political Parties: Disqualified if they voluntarily leave their party or vote against party directives without prior permission. ○Independent Members: Disqualified if they join a political party after being elected as independents. ○Nominated Members: Disqualified if they join a political party within six months of taking their seat. ●Exceptions: Disqualification does not apply in the following situations: ○Merger: If a member's party merges with another, with agreement from two-thirds of its members. ○Presiding Officer: If an elected member becomes the presiding officer of the House and relinquishes their party membership, or rejoins it after their term ends. ●Deciding Authority: The presiding officer of the House determines disqualification cases arising from defection. While initially considered final, the Supreme Court ruled in the Kihoto Hollohan case (1993) that the presiding officer's decision is subject to judicial review. ●Rule-Making Power: The presiding officer can establish rules to implement the Tenth Schedule, which are subject to approval, modification, or disapproval by the House. ●Complaint Procedure: The presiding officer can address a defection case only upon receiving a complaint from a House member. The accused member is given an opportunity to explain themselves before a final decision is made. Amendments and Evaluation ●The 91st Amendment Act of 2003 removed the exemption from disqualification in cases of party splits involving one-third of the legislature party. ●This amendment aimed to address criticisms of the law, including concerns about bulk defections, destabilization of the government, and the undue influence of party bosses. ●The amendment also imposed limits on the size of the Council of Ministers and barred defectors from holding public offices. Advantages of the Anti-Defection Law: ●Encourages stability by reducing party-switching among legislators. ●Enables democratic realignment of parties through mergers. ●Potentially reduces corruption and non-developmental spending associated with irregular elections. ●Provides constitutional recognition to political parties. Criticisms of the Anti-Defection Law: ●Stifles dissent and freedom of conscience by treating it as defection. ●The distinction between individual and group defection is considered irrational, effectively legalizing "wholesale defections". ●Does not address the expulsion of legislators for actions outside the legislature. ●The different treatment of independent and nominated members is viewed as illogical. ●Concerns about potential bias and lack of legal expertise in presiding officers adjudicating defection cases. Conclusion India's anti-defection law attempts to balance party discipline with individual rights and democratic principles. While it has contributed to stability, it has also faced criticism for potentially stifling dissent and failing to address all forms of political maneuvering.

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Discuss Constitutional Amendment. Here is a discussion about Constitutional Amendments: ●The podcast focuses on the 52nd Amendment Act of 1985, also known as the ‘anti-defection law’, and the 91st Amendment Act of 2003, both of which modified the Constitution of India. ●The 10th Schedule of the Constitution, added by the 52nd Amendment Act, lays out the provisions regarding disqualification of members of Parliament and state legislatures for defecting from one political party to another. ●Disqualification applies to members of political parties who voluntarily give up their membership or vote against party directives without prior permission. Independent members are disqualified if they join any political party after their election, and nominated members are disqualified if they join any political party after six months from taking their seat. ●The 91st Amendment Act aimed to strengthen the anti-defection law by, among other things, removing the exemption from disqualification in case of splits within a party. This means that even if a group of members leaves a party together, they can be disqualified. ●The 91st Amendment also introduced provisions to limit the size of the Council of Ministers at both the central and state levels, and to bar defectors from holding public offices. This includes ministerial positions and other remunerative political posts. ●The rationale behind the 91st Amendment was the perceived failure of the initial anti-defection law to curb defections effectively, as well as criticisms regarding its allowance for bulk defections. Various committees, such as the Committee on Electoral Reforms and the Law Commission of India, recommended changes to address these issues. The source highlights how Constitutional amendments in India have been used to address political issues and enhance the stability of the democratic system.

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Discuss Legislative Stability. Legislative Stability in India: The podcast primarily discuss the Anti-Defection Law in India as embodied in the Tenth Schedule of the Constitution. This law aims to foster legislative stability by mitigating political defections driven by self-serving motives. The law achieves this by outlining consequences for members of Parliament and state legislatures who switch political parties without valid reasons. This response will discuss how the Tenth Schedule promotes legislative stability by examining its provisions and the advantages they offer. ●The law promotes stability by discouraging legislators from changing parties. It achieves this through disqualification provisions. For example, if a member elected under a party's banner voluntarily leaves the party or disobeys party directives during voting without prior consent, they face disqualification. Similarly, independent and nominated members face disqualification if they join a political party after their election or after a specific period, respectively. ●The law also allows for mergers, facilitating democratic realignment of parties within the legislature. When two-thirds of a party's members agree to merge with another, this action does not trigger disqualification. This provision enables political parties to evolve and realign based on shared ideologies or changing political landscapes without disrupting the overall legislative stability. ●The law's emphasis on reducing political defections also indirectly contributes to financial stability by minimizing non-developmental expenditures associated with unplanned elections. Frequent elections due to political instability would strain the government's financial resources. The 91st Amendment Act of 2003 further reinforced the anti-defection law and introduced measures to enhance legislative stability. Key provisions of this amendment include: ●Eliminating the exemption from disqualification in cases of splits within a legislature party, thus closing a loophole previously exploited for defections. ●Restricting the size of the Council of Ministers at both the central and state levels to 15% of the total strength of the respective legislative houses. This provision promotes efficiency and manageable governance. ●Disqualifying defectors from holding ministerial positions or any other remunerative political post. This measure aims to deter defections motivated by the desire for power or financial gain. In conclusion, the Tenth Schedule, particularly after the 91st Amendment Act, contributes to legislative stability in India. By curbing unprincipled political defections, it helps maintain a stable political environment conducive to effective governance. The provisions aim to foster party discipline, allow democratic realignment through mergers, and discourage defections motivated by personal gain.