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Detailed outline of Anti Defection Law (for UPSC CSE/IAS exam)
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In this lesson, the presenter discusses in detail the anti-defection law. He begins the lesson by providing some background to the coming of the anti-defection law by discussing the story of Aayaram Gayaram (1967). The coalition politics led to the formation of anti-defection law. The presenter then discusses the introduction of the Tenth Schedule in the Indian constitution through the 52nd Amendment. The concept of independents and nominees and the violation of whip have also been elaborately explained.

Bhavin Sangoi
BA Political Science and Psychology, Mumbai University. Teaching Polity, Economics and international relations for 7 years.

U
Unacademy user
but sir plz contnue that answer writing course till 2019 mains
Ag
a correction: an independent can't join a political party but a nominee can in the 6 months period
Sir, recently Mr. Navjot singh sidhu has left the parliament and possibly be joining the AAP party.... Won't he be disqualified on the grounds of defection..????
Bhavin Sangoi
3 years ago
No because he has already resigned from the House. After resignation a member can join any other party, there is no restriction on that.
sir in this lecture u are telling that abolition or creation of legislative council passed by absolute majority.please clarifity it .
BHAVIN BHAI, THIS WHOLE WHIP PLAYBOOK SOUNDS LIKE A DARK PILLAR IN THE CASTLE OF DEMOCRACY, ISN'T IT A WHIPLASH ON INDIVIDUALITY,DEMOCRATIC ETHOS AND SERVES AS A DETTERENT TO DIFFERENCE OF OPINION. HOW CAN TOP ENFORCED VIEW CAN BE THE IFF(IF AND ONLY IF) WAY IN THE INSTITUTION WHICH VOUCHES FOR DEBATE,DISCUSSION,DELIBERATION.ETCETC. ????
BHAVIN BHAI, IN SLIDE 5 IT SEEMS UR EXPLANATION SEEMS CONTRADICTORY, FIRST U SAY ANY MEMBER(INDEPENDENT) WHETHER ELECTED OR NOMINATED, BECOMES DISQUALIFIED AFTER JOINING ANY PARTY AFTER WINNING ELECTION-BUT THE TEXTS SAYS OPPOSITE... AND THEN U SAY MR. TENDULKAR-INDEPENDENTLLY NOMINATED- IF JOINS AFTER 6 MONTHS HE MAY BECOME DISQUALIFIED ETCETC. MY DOUBTS- HOW MANY TYPES OF NOMINATIONS ARE THERE? AND THE TEXT+VOICE ARE NOT IN SYNC(IN MEANING) IN SLIDE 5. PLZ ELUCIDATE......(:
  1. Course: Gain an understanding of Parliamentary Processes and Instruments Lesson: Anti-Defection La wi Presented by Bhavin Sangoi


  2. About me . B.A in Political Science & Psychology . Appeared in UPSC CSE Mains Teaching Indian Polity, International Relations, economics & mental Ability since 5 years Experience of teaching for various competitive exams such as NTSE, CET & UPSC . Follow me on: https://Unacademy.in/user/BhavinSangoi


  3. Aayaram Gayaram T 19867 then was one arty rule in bth Union as well .s tate 1@ After 1967 many states and in 80s Union too came under coalition politics, which gave birth to 'Defection politics' In 1967 Gaya Lal a Member of the Legislative Assembly of Haryana, from Congress changed party several times in a fortnight


  4. Tenth Schedule Indian Constitution and many articles were amended to discourage defection . Any member of any House, whether elected or nominated, whether of Parliament or of State Legislatures, if leaves his original party to which he belonged when he joined the House, will be disqualified on the grounds of defection


  5. Independents and nominees Any member (whether elected or nominated) who doesn't belong to any political party while joining the House, becomes member of any political party after (six months of being nominated) his joining the House, will be disqualified on the grounds of defection . Any member (whether elected or nominated) who doesn't belong


  6. Violation of Whip . Any such member votes or abstains from voting against the whip of Party, who is not condoned by the party within fifteen days of such voting or abstention, will be disqualified on the grounds of defection


  7. Merger . If at least two third members of a political party joins any other party then it would be considered as merger of two parties and formation of new party, hence this group won't be disqualified ' Members not wishing to merge can exist as a separate group, and members of this group too won't be disqualified


  8. Presiding officer Speaker and Deputy Speaker of the Lok Sabha, Deputy Chairman of the Rajya Sabha, Speaker and Deputy Speaker of the Legislative assembly of State and Chairman and Deputy Chairman of the Legislative council of State, if gives up his membership of Party after being elected to office, then he won't be disqualified


  9. Continued However, he can't join any other party or his original party, once he gives up his membership of Party as long as he is holding office. But he can rejoin his party after he vacates the office


  10. Continued Decision regarding disqualification will be decided by presiding officer of the concerned House . If presiding officer himself is under the question for disqualification, then the any other member who is elected by House to decide the question, will take decision