INSIGHT UPSC QUIZ

GS Polity Miscellaneous
Q.

In context of 'Anti-Defection law', consider the following statements:

1. It is part of the tenth schedule of Indian Constitution.

2. It deals with disqualification of members of Parliament and state legislature on the grounds of defection.

3. According to 91st Amendment Act, if one-third of elected members of a political party accept defection, then it is considered a merger.

Which of the statement(s) given above is/are correct?

Explanation:

ANSWER: (C)

  • Both statements 1 and 2 are correct.

The Tenth Schedule — popularly known as the Anti-Defection Act — was included in the Constitution via the 52nd Amendment Act, 1985 and sets the provisions for disqualification of members of the Parliament and state legislatures on the grounds of defection to another political party. 

The grounds for disqualification under the Anti-Defection Law are as follows: 

  • If an 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 authorized to do so, without obtaining prior permission. 
  • As a pre-condition for his disqualification, his abstention from voting should not be condoned by his party or the authorized person within 15 days of such incident. 
  • If any independently elected member joins any political party. 
  • If any nominated member joins any political party after the expiry of six months. 
  • As per the 1985 Act, a 'defection' by one-third of the elected members of a political party was considered a 'merger'.  
  • Statement 3 is not correct.

The 91st Constitutional Amendment Act, 2003, changed this and now at least two-thirds of the members of a party have to be in favour of a "merger" for it to have validity in the eyes of the law.  

It aimed at limiting the size of the Council of Ministers to debar defectors from holding public offices, and to strengthen the anti-defection law. Earlier, a defection by one-third of the elected members of a political party was considered a ‘merger’. The amendment changed it to at least two-thirds

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