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Anti-defection Law
• Indian Politics started facing the problem of Political Defection just after
a decade when regional parties started gaining importance.
• In a case study, Haryana MLA Gaya Lal in 1967 changed his political party
three times in a single day for getting political privileges and benefits.
• Apart from this, there were many other such incidences that were
motivating a legislator for defection.
• For such reasons, Anti-Defection was necessary for stabilizing Indian
Politics and prevents such political defections which happened only to
get some political reward or similar consideration.
• Anti-Defection Law was inserted in the Indian Constitution in 1985 by the
52nd Amendment Act of 1985. Rajiv Gandhi's government was the main
initiator for the introduction of this law.
• The 52nd amendment of the Constitution inserted the Tenth
Schedule in which provisions were made by which legislators can be
disqualified on the grounds of defection to any other political party.
• The issue of disqualification on the ground of defection may be raised by
any member of the house and is referred to the Chairman or the Speaker
of House. The decision of the Chairman/Speaker of the concerned house
is final and binding.
• However, the decision of the Speaker or the Chairman of the house is
open for judicial review.
• The Anti-Defection law is applicable to both the houses of Parliament
and also to the state assemblies.
• Anti-Defection law is in practice not only in India, but it is practised in
various other countries of Asia and Africa like Bangladesh, South Africa,
Kenya etc.
Grounds of Defection
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