What is An Anti-Defection Law?

New Delhi: During the political turmoil in Maharashtra, where around 40 MLAs extending their support to Eknath Shinde, came to Guwahati and later Shinde, riding on their support successfully clinched the top post in the state.

During the entire process, masses in the country got a chance to enlighten themselves about an already existing Anti-Defection Law but it was quite new for a few of them. The Anti-Defection Law was in the headlines then of the top media houses in the country as every organization had put its eye on Maharashtra.

Amid the political scenario in Maharashtra, the question was whether the membership of these MLAs would remain even after the revolt or not? To get a brief idea of the same, let us dive into details and understand the applicability of anti-defection law.

What is the anti-defection law?

In 1985, the 'Anti-Defection Law' was passed in the country through the 52nd Constitutional Amendment and it was added to the Tenth Schedule of the Constitution. In fact, many questions were raised about MLAs leaving one party and joining another party. The main purpose of this law was to end the malpractice of defections in Indian politics. Many provisions were made in this law.

A public representative may be disqualified under this law if:

-- An elected member voluntarily leaves the membership of any political party.

-- An independently elected member joins a political party.

-- A member votes against the party's position in the House.

-- A member abstains from voting.

-- After a period of six months, a nominated member joins a political party.

Exception in the law:

If two-thirds of MLAs or MPs of a party want to join another party, then they won't be disqualified as this law exempts them from disqualification. Using the same law, 12 out of 17 Congress MLAs joined Trinamool Congress in Meghalaya in 2021 and were exempted from the anti-defection law.

The defection law does not apply in these circumstances:

-- When an entire political party merges with other political parties.

-- If elected members of any party form a new party.

-- If the members of any party do not accept the merger of two parties and agree to stay in a separate group at the time of the merger.

-- When two-thirds of the members of a party leave and join a new party.

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