Context:

Manipur Speaker disqualified a member of the Assembly for defection.

Anti-defection Law

• The anti-defection law is implemented according to the 10th Schedule of the Constitution. It was enacted by Parliament in 1985
• The anti-defection law sought to prevent such political defections which may be due to the reward of office or other similar considerations.
• Applicability: The law applies to both Parliament and state assemblies.

 

Grounds of disqualification

• Voluntarily giving up membership: If the member voluntarily gives up the membership of the party, he shall be disqualified.
  • Voluntarily giving up the membership is not the same as resigning from a party.
  • Even without resigning, a legislator can be disqualified if by his conduct the Speaker/Chairman of the concerned House draws a reasonable inference that the member has voluntarily given up the membership of his party.
• Disqualification based on legislature’s actions: If a legislator votes/ abstains from voting in the House against the direction of his party (whip) and his action is not condoned by his party, he can be disqualified.

 

The amendment to the law in 2003:

• Initially, if there occurs a split in the original political party and as a result of which one-third of the legislators of the party form a separate group, they shall not be disqualified.
• Now if there is a merger between two political parties and two-thirds of the members of a legislature party agree to the merger, they will not be disqualified.