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Operation Of Anti-Defection​ Law & Issues Pertaining to It (for UPSC CSE/IAS exam)
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In this lesson, the presenter explains the operation of the anti-defection law. He talks about the encouragement to mass defections, unratified provisions, denial of judicial review, politicization of speaker's role etc in grave detail.

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

U
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in the previous lecture you said that,if 2/3rd members of a particular party joins or form another Political party,then they will not be considered as defectors. But in this lecture you said that 1/3rd members. which is correct?
Anvesh Bachu
2 years ago
sorry. I got to know
Sir, case-- kihoto hollohan vs zachillu--- did SC by reffering Ch. IV of part V---means---- requirment of SC as per--- art. 124(1) ---- Estb. of SC & art. 131(a)---- its jurisdiction on issues b/w GOI & state and requirement of 1/2 states ratification fell under art. 131(a) kindly assist
sir what do u mean by LOCKING down the assembly..?is it literaly locking the house?
Bhavin Sangoi
3 years ago
Yes, he literally locked down the House.
Manav Chawla
3 years ago
does he have the power to do so?
Bhavin Sangoi
3 years ago
Constitution is silent about it. But if majority members of the House don't agree with it then they can pass no confidence motion against him,which the House did in this case.
Manav Chawla
3 years ago
ok sir.. thanku so much for the reply.. really appreciate your committment and the series
Why didn't defected members of YSRC party (to TDP) disqualify in Andhra pradesh legislative assembly?
Bhavin Sangoi
3 years ago
Jagan Mohan Reddy who is chief of YSRC has referred the matter to Speaker with his recommendation to disqualify dissident MLAs. However Speaker hasn't yet taken the decision. Although Speaker at present has no other choice then to disqualify them, but Speaker, it seems, is deliberately delaying the decision so that some more MLAs can be lured by ruling TDP by inducement, black mail and outright purchase. Once the figure reaches 2/3rd, it won't be considered as defection. Anti defection law says that if 2/3rd legislators leave party then it won't be considered as defection. However it is not clear whether 2/3rd should be in one go or in installment, before Speaker's decision is declared on previous defection. It seems TDP is trying to exploit this waguness of the provision.
sir, what do u mean by the sentence " locking down the assembly" ? thanks in advance:)
Bhavin Sangoi
3 years ago
Read my reply to Manav Chawla below.
  1. Course: Gain an understanding of Parliamentary Processes and Instruments Lesson: Operation of Anti-Defection Law 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. Encouragement to mass defections . According to paragraph 3, If there is a split in a political party and at least one third members of that party forms separate group, then this group will be considered separate party, and no disqualification takes place Third paragraph was erased by 91st Amendment Act 2003


  4. Continued . Paragraph 4 still requires two- third majority for merger To discourage mass defections National commission for Review of Working of Constitution (NCRWC) recommended that every defecting member must go for re election


  5. Unratified provisions Paragraph 7 of this schedule which barred courts from interfering in the Operation of this law was declared unconstitutional by SC in Kihoto Hollohan v. Zachillhu in 1992, on twO grounds on two grounds: Because it affects chapter IV of part V and chapter V of Part VI, for which ratification by at least one half states is required, which wasn't conducted here


  6. 1 of Judicial review . Clause (2),Paragraph 6 says that Speaker's decision shall be final and it should be considered as a part of Parliamentary proceedings under Article 122 However, the SC said "Speaker in this case is acting like a judicial tribunal and hence this can't be considered part of Parliamentary proceedings under Article 122, which is immune from judicial review"


  7. Politicization of Speaker's role Under Tenth schedule Speaker has been given power to decide the fait of defecting candidates, this has politicized Speaker's role in unprecedented manner Because conventionally belongs to ruling party, he uses this power in manner that is beneficial to his party and prejudicial to opposition


  8. Arunachal Pradesh Speaker Nabam Rebia locked down assembly and disqualified 14 dissident MLAs to save the government of his party 'Not only against CM, but also against Speaker Dissident members called session outside the Assembly and gave notice of 'No confidence


  9. Uttarakhand . One group of MLAs opposed the passage of Appropriation Bill, during Budget session, by 'Voice vote' and demanded ballot voting be conducted to confirm the majority Speaker instead of conducting ballot vote, disqualified dissenting MLAs on the grounds of defection and declared the Appropriation Bill as passed in the assembly. However, as of date the Bill hasn't been sent to Governor