Introduction the 10th schedule to the indian constitution, that is popularly referred to as the 'anti-defection law' was inserted by the 1985 amendment to the constitution. The tenth schedule popularly known as the anti-defection act was included in the constitution in 1985 by the rajiv gandhi ministry and sets the provisions for disqualification of elected members on the grounds of defection to another political party. Here's everything you need to know about anti-defection law - the term anti-defection law has been tossed around since the election fever set in party members from the congress have been shifting their allegiance to bjp and contesting from the party ticket leading to usage of the law here's a. List of amendments of the constitution of india as of january 2018, there have been 122 amendment bills (latest anti defection law - provide disqualification of members from parliament and assembly in case of defection from one party to other. Anti-defection law extract from the constitution of india 191 disqualifications for membership - (1) a person shall be disqualified for being chosen as, and for being, a member of the legislative assembly or legislative council of a state. What is anti-defection law before defining anti-defection law, we should understand the meaning of defection when an elected representative joins another party without resigning his present party for benefits, it is called defection thus a defector.
Anti-defection law is contained in the tenth schedule to the constitution, which was introduced by the 52nd amendment in 1985 it provides for the disqualification of a member if he defects from his party to some other party the decision is that of the speaker, but it is subject to judicial review. In this post, we discuss the anti-defection law which is part of indian constitution since 1985 the law sets the provisions for disqualification of elected members on the grounds of defection to another political party (eg: if elected mps of congress shift their allegiance to bjp or vice versa. The anti-defection law has not deterred defections it has had undesirable outcomes the supreme court in a recent decision has strengthened the provisions of the anti-defection law it said that any person (and not necessarily only a member of the relevant legislative house) may raise the issue. The anti-defection law prs legislative research november 23, 2009 - 3 - table 4: some recent orders on disqualification by the speaker for defection.
Anti-defection law _ erewise - download as pdf file (pdf), text file (txt) or read online anti-defection law _ erewise. Controversy over interpretation puts the judiciary and executive on a collision course as political parties and constitutional experts call for a review. The anti-defection law was passed in 1985 through the 52nd amendment to the constitution, which added the tenth schedule to the indian constitution the main intent of the law was to combat the evil of political defections it was made to bring stability to structure of political system by. Recent disqualification of 9 rebel mlas in uttarakhand under anti- defection law has once again brought back discussions surrounding the law to the fore what is anti-defection law the anti-defection law was passed by parliament in 1985 strengthened in 2002 the 52nd amendment to the constitution.
Parliament can be effective only if individual mps have a significant role as law makers, and if they can be held accountable for their actions by their electorate in the last few years, we have seen the role of individual members of parliament diminish on account of the anti-defection law for. M r madhavan, pragati, december 2009: the anti-defection law was passed by parliament in 1985 twenty-five years down the road, it is pertinent to trace the several modifications and to evaluate how well the law has worked. [india's anti-defection laws require that legislators be disqualified on grounds of defection a member of parliament or state legislature is deemed to have defected if he resigns from his party or disobeys his party directives on a vote here's more background on these laws] anti-defection law. Kunwar vijay pratap singh is a distinguished police officer and a scholar of constitutional and criminal law the provisions of anti-defection law as described under tenth schedule of the constitution of india are not applicable in the elections for the office of president, vice-president or.
The anti-defection law is meant for disqualification of members of parliament or state legislatures on the grounds of defections from one political party to the other.
Context: recently, janata dal united leader sharad yadav, was disqualified from the rajya sabha along with party colleague ali anwar introduction: terming his disqualification from rajya sabha as unfair and a conspiracy hatched by nitish kumar and the bjp, sharad yadav on thursday said he would. Anti-defection legislation was made way back in 1985 through the 52nd amendment to the constitution and incorporating it in the 10th schedule with a genuine view that graft and money power will diminish in politics. Venkaiah naidu's decision to disqualify sharad yadav and ali anwar from the upper house has added a new dimension to the anti-defection law while reinforcing the original intent of the. Click here for reading mode focus on anti-defection law: our legislatures made an amendment in the year 1985 and passed a law called anti-defection law which added a new schedule to our constitution, ie, schedule x schedule x of our constitution provides for anti-defection law,which is.
In 1985, parliament passed a law called anti-defection law which added a new schedule to our constitution, ie, schedule x, which is as follows:- disqualification on ground of defection (1) subject to the provisions of [paragraphs 4 and 5], a member of a house belonging to any political. In this blogpost, shipra prashant, a student of iind year, university of petroleum and energy studies, dehradun writes about the law relating to anti-defection in india, advantages, disadvantages and the issues related to the law what is anti defection law the rajiv gandhi government by the. Upsc ias general studies anti-defection law & 10th schedule explained anti-defection law is contained in the tenth schedule of the constitution, which was introduced by t.