If elected mps of congress shift their allegiance to bjp or vice versa. Aug 01, 2019 the anti defection law is subject to criticism mainly on the premise that it undermines the very concept of representative democracy. The law sets the provisions for disqualification of elected members on the grounds of defection to another political party eg. The antidefection law is a crucial topic for your ias examination. The amendment put a bar on the elected members of a political party to leave that party or to switch to another party in the parliament. Anti defection law in india a boon or a bane by ayushi saumya and aishik majumder from symbiosis law school, pune abstract the 52nd amendment to the constitution added the tenth schedule which is the anti defection law with an aim to combat political defections. Jul 24, 2008 the tenth schedule popularly known as the antidefection 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. Oct 12, 2010 the 10th schedule to the constitution, popularly referred to as the antidefection law, was inserted by the 52nd amendment in 1985. Antidefection law the challenges the object of anti defection law was to bring down the political defections but due to ever increasing political dishonesty and corruption this law never evolved properly and now the question is that whether achieving the goals of this law is a reality or a myth.
It lays down the process by which legislators may be disqualified on grounds of defection by the presiding officer of a legislature based on. In its official documentation of the amendment, the law ministry lists down the objectives of the act, an. It lays down the process by which legislators may be disqualified on grounds of defection by the presiding officer of a legislature based on a petition by any other member of the house. By 91st amendment act, 2003, a provision was omitted in the law. What is the antidefection law in india, and is it working as. Read the meaning of antidefection and other provisions included in the 10th schedule. After split karnataka verdict, understanding the anti. Antidefection law should be made applicable only in a situation where there is a vote for survival of the government or trust vote of no confidence motion.
On monday, december 4, the chairman of rajya sabha disqualified two members of parliament mps from the house under the tenth schedule of the constitution better known as the anti defection law for having defected from their party. The tenth schedule was inserted in the constitution in 1985 by the 52nd amendment act. When was the antidefection law instituted and what was the trigger. The relaxation of antidefection law in times of voting will not. Party members from the congress have been shifting their allegiance to bjp and contesting from the party ticket leading to usage of the law. The anti defection act breaks down this wall of separation and makes both institutions permeable.
Second, the paper argues that anti defection law is not the optimal means to check bribery in voting in parliament. Download 10th schedule notes pdf for ias mains gs 2 2020. Passed as the 52nd amendment act, it added the law as the 10th schedule of the constitution. Analysing the anti defection law anjali gupta campus law centre, university of delhi, new delhi abstract the 52nd constitutional amendment act of 1985 added the tenth schedule to the indian constitution, popularly known as the antidefection law. Beware antidefection law, sharad pawar warns ncp mlas. Anti defection law the challenges the object of anti defection law was to bring down the political defections but due to ever increasing political dishonesty and corruption this law never evolved properly and now the question is that whether achieving the goals of this law is a reality or a myth. Anti defection law should be made applicable only in a situation where there is a vote for survival of the government or trust vote of no confidence motion. The anti defection law in india, also known as the tenth schedule to the indian constitution, was enacted to address the perceived problem of instability caused by democratically elected legislators in indias federal system of government shifting allegiance from the parties they supported at the time of election or disobeying their parties decisions at critical times, such as voting on an. Earlier, the tenth schedule was related to the association of sikkim with india and this schedule was repealed via the 36th amendment act once sikkim became the fullfledged state of india. Anti defection law 105 january march, 2012 from merely giving directions to convincing members of the merits of a particular vote. In this article, we will cover all upsc examworthy details of this law including its introduction into the constitution of india, its interpretation, limitations, as well as the reforms made to it. The anti defection law is a crucial topic for your ias examination. The anti defection law was passed through an act of parliament in 1985 by the the government of rajiv gandhi.
Earlier, the tenth schedule was related to the association of sikkim with india and this schedule was repealed via the 36th amendment act once sikkim. The madras high court is also hearing petitions filed by 18 mlas who were disqualified by the. No individual stand on part of members according to the rule 2 it can be seen that the antidefection law puts the members of the party into a bracket of obedience in accordance with the rules and policies of the party, restricting the legislators freedom to oppose the wrong acts of the party, bad policies. The constitution fifty second amendment act, 1985 15th february, 1985. The most important reason is that it has killed dissent within legislature parties and subordinated individual thinking to the collective whole. To counter the menace of corruptiondriven defections and ensure political stability, rajiv gandhi introduced the anti defection law as the new tenth schedule of the indian constitution. Nov 28, 2017 defection is commonly known as horse trading. Antidefection law created by 52nd amendment act, 1985. Anti defection act indian polity by deepika maam upsc. However, this law also restricts a legislator from voting in line with his conscience, judgement and interests of his electorate. Anti defection law 107 january march, 2012 the emphasis on debates and discussions is an intrinsic feature of the indian legislature as well.
Indias antidefection law needs changes to promote party. The anti defection law is contained in the 10th schedule of the constitution. Speaker can start action against the members under antidefection law. The first challenge to the anti defection law was made in the punjab and haryana high court. The tenth schedule of the indian constitution, also called the anti defection act, was amended in 1985 to prevent such defections and stop politicians from changing parties for. The tenth schedule antidefection law was added in the constitution in 1985 which lays down the process by which legislators may be disqualified due to defection by the presiding officer of a. A veteran of parliamentary affairs looks at the provisions of the law, and how far it has achieved its goal over the years. The anti defection law is subject to criticism mainly on the premise that it undermines the very concept of representative democracy. What is the anti defection law and how is it implemented.
The antidefection law was passed in 1985 through the 52nd amendment to the constitution, which added the tenth. The law was added via the 52nd amendment act, 1985, soon after the rajiv government came to power with a thumping majority in the wake of the assassination of prime minister indira gandhi. Vice president m venkaiah naidu has advocated a need for an amendment to the antidefection law, setting a specific timeframe for disposing of defection cases. In 1985, through the 52 nd amendment, a new schedule was inserted to the constitution of india in the form of tenth schedule, which to common people is better known as antidefection law. The tenth schedule popularly known as the antidefection act was included in the constitution in 1985 via the 52nd amendment act, 1985.
Antidefection law in india and the commonwealth, 2005 p. But considering the immature nature of our democracy and shameless political defections indiscriminately taking place in india, the anti defection law is an inevitability, though not an elixir, for ensuring. The bill seeks to amend the constitution to provide that an elected member of parliament or a state legislature, who has been elected as a candidate set up by a political party and a nominated. The 10 th schedule to the constitution, popularly referred to as the antidefection law, was inserted by the 52 nd amendment in 1985 by rajiv gandhi government and sets the provisions for disqualification of elected members on the grounds of defection to another political party the main intent of the law was to deter the evil of political defection by legislators. May 18, 2018 the anti defection law defines the grounds under paragraph 2 of the schedule. Antidefection law was inserted in the indian constitution in 1985 by the 52 nd amendment act of 1985. Test your preparation with unacademy upsc championship. With a view to stop this, the anti defection law came into existence. The parliament passed the bill as a result of which anti defection act came into force on 1st april 1985 through 52nd. Anti defection act, 2054 1997 date of authentication and publication 2054614 30 sept. A person disqualified under this act shall not be provided any office of profit. Now lets talk about defection according to antidefection law. The tenth schedule popularly known as the antidefection 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.
The anti defection law needs to be looked into again by the lawmakers and reformed in light of the experience of its implementation since 1985. Rajiv gandhi government was the main initiator for the introduction of this law. In an important order aimed at rearming the antidefection law, the supreme court set three months as the outer limit for the speaker to conclude disqualification proceedings against defectors. This paper studies such anti defection law in india.
Sep 11, 2019 anti defection law was inserted in the indian constitution in 1985 by the 52 nd amendment act of 1985. Such a situation impedes the oversight function of the legislature over the government, by ensuring that. This amendment is being known as anti defection law. Jan 24, 2020 countdown next stepup all india free mock click here insights into editorial. Antidefection law the challenges legal service india. The antidefection law was passed in 1985 through the 52nd amendment to the constitution, which added the tenth schedule to the indian constitution. Anti defection act indian polity by deepika maam upsc cse 2020 unacademy articulate are you appearing for upsc cse prelims 2020. Aaya ram gaya ram was a phrase that became popular in indian politics after a haryana mla gaya lal changed his party thrice within the same day in 1967. Anti defection laws are the laws that prevent defection. The law sets the provisions for disqualification of. Rajiv gandhi, the then prime minister of india, proposed a bill to remove the evils of defection. The indian government prevented political defections through the 52nd amendment act of 1985.
The antidefection law tenth schedule of constitution. Analysis of antidefection law in india by sakshi rewaria download pdf the author, sakshi rewaria is a 3rd year, ba. The antidefection law sought to prevent such political defections which may be due to reward of office or other similar considerations. Be it enacted parliament in the thirtysixth year of the republic of india as follows.
The antidefection law sought to prohibit such defections which may happen because of the reward of office, money or other similar considerations. The law has succeeded in some ways in fulfilling its aim to bring. Anti defection law a few parliamentary democratic nations such as india, pakistan, bangladesh etc. Heres everything you need to know about antidefection law. The anti defection law has enabled the political parties to have stronger grip on their members which many times has resulted into preventing them to vote for the lure of money of ministerial birth. Chennai iii floor, creative enclave, 148150, luz church road, mylapore, chennai 600 004. Interpretation in this schedule, unless the context otherwise requires, a house means either house of parliament or the legislative assembly or, as the case may. Dec 06, 2017 the anti defection law seeks to provide a stable government by ensuring the legislators do not switch sides. Indias experience of nearly 35 years with the antidefection law has.
Anti defection law definition defection means switching sides for ones own vested interests. The antidefection law determines the size of the council of ministers. Insights mind maps page 2 anti defection goes against the basis of a representative democracy in which the elected representative is expected to act in public interest even in india, several commentators have highlighted the irrelevance of the anti defection law and. The paper seeks to take a critical look at the phenomenon of continuing defections in indian politics and aims at determining suitable strategies to plug the loopholes. The 10 th schedule to the constitution, popularly referred to as the antidefection law, was inserted by the 52 nd amendment in 1985 by rajiv gandhi government and sets the provisions for disqualification of elected members on the grounds of defection to another political party. The law was added via the 52nd amendment act, 1985, soon after the raji. Jan 20, 2014 anti defection law created by 52nd amendment act, 1985.
Defectors are also called fence sitters or turn coats. 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. With this law, the elected representative have to lose their seat in the parliament house, if they defy the direction of the party in any voting. Anti defection law is not only practiced in india but it is prevalent in various other countries like bangladesh, kenya, south africa, etc. The antidefection law is contained in the 10th schedule of the constitution. A few parliamentary democratic nations such as india, pakistan, bangladesh etc. This law also applies to the nominated candidates, who have a time slot of 6 months to choose any one of the available political. In this post, we discuss the anti defection law which is part of indian constitution since 1985. The law was added via the 52nd amendment act, 1985, soon after the rajiv government. Under the law, the speaker of the house in parliament and the state assemblies can disqualify members, if they switch parties or voteabstain on an issue against their partys directions also called. The grounds of disqualification are specified in paragraph 2 o. How does indias antidefection law deal with such cases. Apr 14, 2014 heres everything you need to know about anti defection law the term anti defection law has been tossed around since the election fever set in. The main intent of the law was to combat the evil of political defections.
The antidefection law was passed in 1985 through the 52nd. The speakers power regarding such issue can be given to the governor or the president as in the case of office of profit or there should be a tribunal which can decide such cases. Defecting party members posed a threat to the very. Beware anti defection law, sharad pawar warns ncp mlas after ajit flies nest on saturday morning, the nation watched in disbelief as devendra fadnavis of the bjp and the ncps ajit pawar took oath at raj bhavan in mumbai a development that went very much against the run of play, for an opposition alliance had been taking shape. May 11, 2020 anti defection act indian polity by deepika maam upsc cse 2020 unacademy articulate are you appearing for upsc cse prelims 2020. Defection basically means desertion from allegiance, loyalty, duty or the like. The 52nd constitutional amendment the fiftysecond constitutional amendment act of 1985 amended articles 101, 102, 190 and. The parliament passed the bill as a result of which antidefection act came into force on 1st april 1985 through 52nd. Interpretation in this schedule, unless the context otherwise requires, a house means either house of parliament or the legislative assembly or, as the case may be, either house of the legislature of a state. May 10, 2020 sc adds teeth to anti narcotics law, says entire weight of banned drug mixture to determine quantity 23 apr, 2020, 09. It also provides stability to the government by preventing shifts of party allegiance and ensures that candidates elected with party support and on.
This act may be called the constitution ninetyfirst amendment. Constitution, popularly known as the antidefection law, introduced by the constitution fiftysecond amendment act, 1985 as amended by the constitution. The tenth schedule popularly known as the anti defection act was included in the constitution in 1985 via the 52nd amendment act, 1985. How does indias anti defection law deal with such cases. The antidefection law intent and impact background note for the conference on effective legislatures the antidefection law was passed in 1985 through the 52nd amendment to the constitution, which added the tenth schedule to the indian constitution. The 10th schedule to the constitution, popularly referred to as the anti defection law, was inserted by the 52nd amendment in 1985.
The ninth schedule of the constitution which pertains to the anti defection act was amended by rajiv gandhi in 1985 to prevent such defections and stop politicians from changing parties for. When was the anti defection law instituted and what was the trigger. The grounds for disqualification under the anti defection laws are as follows. Anti defection laws is the constitutional engineering that tried to address and cater the issue of floor switching but the law that tried to protect the spirit of indian democracy has contemporaneously become a threat to transparent governance, freedom of choice and freedom to. One of the grounds on which the law was challenged was that paragraph 2b of the tenth schedule to the constitution violated article 105. In 1985, through the 52 nd amendment, a new schedule was inserted to the constitution of india in the form of tenth schedule, which to common people is better known as anti defection law. Read the meaning of anti defection and other provisions included in the 10th schedule.
May 17, 2018 the tenth schedule of the indian constitution, also called the anti defection act, was amended in 1985 to prevent political defections and stop politicians from changing parties for the lure of. What is the antidefection law in india, and is it working. To my mind, that is another reason why the anti defection law has outlived its utility. In simpler words, these rules prohibit the candidates who have lost the election from a particular political party, to change their party postelection. The anti defection act, incorporated in the tenth schedule of the constitution, has come into sharp focus ever since the bharatiya janata party engineered a majority in the uttar pradesh assembly with the help of defectors from other parties. The size of the council of ministers shall not exceed 15% of the total members of lok sabha and state legislative assemblies. This bill is meant for outlawing defection and fulfilling the above assurance. That the law had loopholes that needed to be plugged was known for long, but the latest instance of its.
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