Anti- Defection law

• SC has observed that for application of anti-defection law, it does not matter whether rival group is the minority or majority within the political party if their acts amount to defection.

About Anti-Defection law:

• It was added by the 52nd Amendment in 1985 that also inserted Tenth Schedule to the Constitution (grounds of defection).
• A member of a House becomes disqualified if:
  1. He voluntarily gives up his membership of such political party; or
  2. He votes/abstains from voting contrary to any direction issued by his political party and such act has not been condoned by the bnparty within 15 days.
  3. An independent member becomes disqualified he joins any political party after such election.
  4. A nominated member becomes disqualified if he joins any political party after expiry of six months from date on which he takes seat.
• Exceptions in anti-defection law:
  1. Allows a party to merge with or into another party provided at least two-thirds of its legislators are in favour.
  2. If a person is elected as speaker of Lok Sabha or Chairman of Rajya Sabha then he could resign from his party, and rejoin the party once he demits that post.