Anti Defection law

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Anti Defection law by Mind Map: Anti Defection law

1. why in news

1.1. nominated MP Swapan Dasgupta resigned from Rajya Sabha,

1.1.1. a year before completion of his term.

1.1.2. why Trinamool Congress MP Mahua Moitra had raised the issue of his disqualification from Rajya Sabha under the anti-defection law, after the BJP had fielded Dasgupta as its candidate for Tarakeswar constituency in the West Bengal Assembly elections

2. Why nominated members provision in the constitution

2.1. members of the Constituent Assembly felt that Rajya Sabha should have members who might not win elections

2.1.1. but will bring knowledge and expertise to discussions in the Upper House. gives “an opportunity, perhaps, to seasoned people who might be willing to participate in the debate with an amount of learning and importance which we do not ordinarily associate with the House of the People

2.2. led to

2.2.1. Rajya Sabha having 12 nominated members from different walks of life. broad criterion for their nomination should have distinguished themselves in fields like literature, science, art, and social service. The President nominates such individuals as recommended by the Centre Nominated members have the same rights and privileges as elected members,

3. Also called Tenth Schedule

3.1. added by 85th constitutional amendment

3.2. purpose

3.2.1. to bring stability to governments by deterring MPs and MLAs from changing their political parties on whose ticket they were elected.

3.2.2. The penalty for shifting political loyalties is the loss of parliamentary membership and a bar on becoming a minister.

3.3. The law covers three types of scenarios for disqualification of an MP

3.3.1. The first is when a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House contrary to the wishes of the party.

3.3.2. The second possibility is when an MP who has won his or her seat as an independent candidate after the election joins a political party.

3.3.3. The third scenario relates to nominated MPs According to the law within six months of being nominated to the House, they can choose to join a political party. But if they don’t join a political party during the first six months of their tenure, and join a party thereafter, then they lose their seat in Parliament.

3.4. Court's interpretation of defection as extended to certain acts of the MPs like

3.4.1. campaigning for another political party

3.4.2. joining a delegation of elected representatives from another political party to give a representation to the Governor

3.4.3. appearing in political rallies or fighting an election on the symbol of a political party