Course: Gain an understanding of Parliamentary Processes and Instruments Lesson: Operation of Anti-Defection Law Presented by Bhavin Sangoi
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
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
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
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
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"
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
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
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
BA Political Science and Psychology, Mumbai University. Teaching Polity, Economics and international relations for 7 years.