Anti-Defection Law (10th Sch)

  • Introduced by 52nd AA, 1985
    • The Y B Chavan committee submitted a report during the fourth Lok Sabha in 1967 which led to a first attempt to submit an anti-defection bill in Parliament.
    • It was later culminated in the 91st Constitutional amendment in 2003.
  • Legislators may be disqualified on grounds of defection by the Presiding Officer [PO] of a legislature based on a petition by any other member of the House.
  • His [PO] decision is final. JR is applicable only after the decision is made.
  • Law aims to prevent MPs or MLAs from switching political parties for any personal motive

Disqualification

If a member [MPs or MLAs] of a house belonging to a political party:

  • Voluntarily gives up the membership of his political party, or
  • Votes, or does not vote in the legislature, contrary to the directions of his political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.
  • If an independent candidate joins a political party after the election.
  • If a nominated member joins a party six months after he becomes a member of the legislature.

Exceptions under the law [amendment to the law in 2003]

  • The law allows a party to merge with or into another party provided that at least 2/3rd of its legislators are in favour of the merger. Earlier it was 1/3rd

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.

Comments

Post a Comment

Popular posts from this blog

Mandsaur Inscription of Kumaragupta

Mandsaur Inscription of Kumaragupta It was written by  Vatsabhatta   during the period of   Kumaragupta (5th century). The starting of the inscription praises the sun god and asks for his blessings. The Mandsaur inscription refers to Kumara Gupta 'reginging over the whole earth' ( kumaragupte prithvim prasasti ). It mentions about many silk weavers migrating from Lata (Gujarat) to Dasapura. Some took up other occupations, while those who kept to their original craft formed a guild. Tantuvaya   was the name given to the guild mentioned in Kumargupta's Mandsore inscription. During his reign, the guild of silk-weavers built a temple   dedicated to Surya in Dashapura  
Read more

Later Vedic Period

Sources of Information: Sam Veda, Yajur Veda and Atharva Veda . Other sources : Brahmanas - The Detailed commentaries/ explanations on the Vedas. Aranyakas (forest books)- Explains metaphysics & symbolism of sacrifice. Upanishads or books on philosophy or deeper knowledge about ‘aatma’, ‘brahma’ etc. They are antiritualistic. Geographical Expansion Aryans became generally familiar with the major portion of the Gangetic valley where they gradually settled. Western Ganga-Valley was called ‘ Aryavarta’ Arabian Sea and the Indian Ocean , Several Himalayan peaks and Vindhya mountains (indirectly) are mentioned. Society Visible 4-fold varna system and appearance of several ‘ jaatis’ or castes made the social system complex . Untouchability appeared; women’s position degraded as they no longer got formal education. Gotra was the place where cattle resided together with ‘janas’ and later developed into an identity for the ‘janas’. Nishad , Ch...
Read more

Sadiya Serpent Pillar (Assam)

Sadiya Serpent pillar, is an ancient octagonal stone pillar that was erected in the region of historical Sadiya in Assam . The stone pillar contains one of the earliest Ahom inscription founded to date inscribed in it, dated to 1532. The inscription dates to the reign of Suhungmung Dihingia Raja (1497–1539 ). Ahoms who captured Sadiya in 1532 and entered into a treaty with the local Mishmi tribe , the terms of the treaty were inscribed on an eleven feet high stone pillar, constructed in a design of a huge serpent encircling it from bottom to top. The epigraph consisting 9 and a half lines on the pillar is a proclamation issued by Phrasenmung Borgohain (Ahom governor of Sadiya) asking the Mishimis to pay annual tribute in certain articles and to dwell on one side of the Dibang River.
Read more