Question

Consider the following statements regarding anti-defection law:

1. The anti-defection law was enacted during the Indira Gandhi government in 1984.

2. It is placed under the 10^th schedule of the constitution.

3. The anti-defection law was further strengthened by the 93^rd amendment in 2003.

4. The law mandates the chairman or the speaker of the respective legislative house to decide on disqualification arising out of defection.

Which of the above statement(s) is/are correct?

1. 1, 2 and 4 only
2. 2 and 3 only
3. All 1, 2, 3 and 4
4. 2 and 4 only

Answer 1

Correct Answer - Option 4 : 2 and 4 only

The correct answer is 2 and 4 only.

• The Tenth Schedule popularly known as the Anti-Defection Act was included in the Constitution via the 52nd Amendment Act, 1985 and sets the provisions for disqualification of elected members on the grounds of defection to another political party.
• The anti-defection law was enacted during the Rajiv Gandhi government in 1985. Parliament added it to the constitution in the year 1985. Hence, statement 1 is incorrect.
• It was added in the Tenth Schedule. Hence, statement 2 is correct.
• According to 91st CAA, 2003, at least two-thirds of the members of a party have to be in favour of a "merger" for it to have validity in the eyes of the law. Hence, statement 3 is incorrect.
• The speaker or the chairman of the respective legislative house decide on disqualification arising out of defection. Hence, statement 4 is correct.

• Disqualification on the ground of defection
  • ​if he has voluntarily given up his membership of such a political party.
  • if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs.
• Disqualification on the ground of defection is not to apply in case of a merger
  • ​A member of a House shall not be disqualified where his original political party merges with another political party.