Anti-Defection Law
and the provisions of disqualification
Purpose of Law: To discourage the practice of defection of members
from one party to another after their election, the Constitution 52nd Act, 1985
was enacted by the Parliament.
The Tenth Schedule - popularly known as the Anti-Defection Act - was
included in the Constitution in 1985 by the Rajiv Gandhi Government.
This Act Amendments Article:
Article 102- regarding Members of
either Houses of Parliament - a person shall be disqualified for being a member
of the state Legislature if he is so disqualified under the Tenth Schedule.
Article - 191 - regarding Members
of state legislatures - a person shall be disqualified for being a member of
the state Legislature if he is so disqualified under the Tenth Schedule.
What are the grounds for disqualification under the Anti-Defection
Law's Articles 102 (2) and 191 (2)?
a) If an elected member
voluntarily gives up his membership of a political party;
b) If he votes or abstains from
voting in such House contrary to any direction issued by his political party or
anyone authorised 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 authorised person within 15 days of
such incident.
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