Anti Defection Law :-
The Tenth Schedule was inserted within the constitution in 1985 by the 52nd Amendment Act, by which Lagislators of both house can be disqualified. The final decision on disqualification of a member will be done by The Chairman or the Speaker of the House.
Disqualification:-
· If he Voluntarily gives up the membership of party .
· If he votes or refuse to vote against to any direction issued by original party without prior permission.
· If an independent candidate joins a party after the election.
· If a nominated member joins any party after six months of he becomes a member of legislature.
Exceptions:-
· In this case members who plan to unite, and members who plan to stick with original party won’t face disqualification.
· If the party joins the new group with not less than two third members.
Advantages of Anti Defection law:-
· Candidate are progressing to be loyal to the party.
· It will Reduce corruption at the political level.
· It will Promotes party discipline.
Drawback of Anti Defection law:-
· A suspended member from a party isn’t disqualified from membership of the house.
· The speaker needn’t take decision immediately.
· The house leader can take up a choice only if he/she receives a complains from a member of the house.
SOURCES
- Wikipedia
- YouTube
–JAYA PAREEK
Whether the Court could direct the Speaker to perform or refrain from performing any act? If yes, to what extent? (Regarding 10th schedule)