Anti-Defection Law

Why in News?

The Telangana Assembly Speaker dismissed disqualification petitions against some MLAs under the Anti-Defection Law.

Description:

About Anti-Defection Law:

Grounds for Disqualification:

A legislator is disqualified if they:

• Voluntarily give up party membership.
• Vote/abstain against party whip without permission.
• Independent member joins a party after election.
• Nominated member joins a party after six months.

Exception (Merger):

• Disqualification not applicable if two-thirds of members of a legislative party merge with another party. (Split provision removed by 91st Constitutional Amendment Act, 2003.)

Role of the Speaker:

• Acts as quasi-judicial authority deciding defection cases.
• Decision subject to judicial review.

Key Judgments:

• Kihoto Hollohan v. Zachillhu (1992): Upheld validity of the Tenth Schedule; allowed judicial review of Speaker’s decision.
• Keisham Meghachandra Singh (2020): Court suggested defection cases be decided within about three months.

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