Anti Defection Law

• The Supreme Court has directed Maharashtra Assembly Speaker to decide disqualification petitions filed under the Tenth Schedule (anti-defection law) of the Constitution against the Chief Minister Eknath Shinde camp in the Shiv Sena dispute by December 31, 2023.
• A three-judge Bench led by Chief Justice D.Y. Chandrachud ordered the Speaker, in his capacity as a tribunal under the Tenth Schedule, to decide the disqualification petitions against the breakaway faction headed by Deputy Chief Minister Ajit Pawar in the Nationalist Congress Party (NCP) dispute by January 31, 2024.
• The Chief Justice said the need to bind the Speaker to deadlines had come after giving him repeated opportunities to conclude the disqualification proceedings.

ABOUT ANTI DEFECTION LAW

• The 10th Schedule of the Constitution is designed to prevent defection of elected and nominated members of Parliament and state legislatures from their political parties and contains stringent provisions against it.
• The Tenth Schedule – popularly known as the Anti-Defection Act – was included in the Constitution via the 52^nd Amendment Act, 1985.
• Grounds of Disqualification-
  • If an elected member voluntarily gives up his membership of a political party.
  • If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorized to do so, without obtaining prior permission.
    • As a pre-condition for his disqualification, his abstention from voting should not be condoned by his party or the authorized person within 15 days of such incident.
  • If any independently elected member joins any political party.
  • If any nominated member joins any political party after the expiry of six months.
• Alhough, if two-thirds of the members agree to a merger with another party, they will not be disqualified.
• Presently, the Law does not provide a time limit within which the Speaker/Presiding officers have to decide on the anti-defection case.