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Anti Defection Law, 1985 (10 Schedule)
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Rajiv Gandhi gov. imposed a ban on defection through 52 amendment act.
The act aims to prohibit undemocratic, unethical & unprincipled political defection by members of legislature, by innovation of an instrument
of disqualification
A member of parliament or state legislature belonging to any political party, shall be disqualified for being a member of that house if:

He voluntarily give up the membership of such political party

An independent member joins a political party after being elected

A nominated member joins a political party after 6 months

A member does not act according to the whips issued by his political party

Exceptions
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If 1/3 members of a political party resign from their parent party & form a splinter group
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If 2/3 of members of a political party resign from their parent party & merge with another political party

Exemption

Speaker & Deputy Speaker of LS, Deputy Chairman of RS


Speaker & Deputy Speaker of LC, Chairman & Deputy Chairman of LA

On subjects of disqualification, decision of chairman / Speaker of the house shall be final. No court shall have jurisdiction under this act wrt
members of the house

1991 SC verdict on Anti Defection Law

Decision of presiding officer of the house on question of disqualification shall be final


Decision of presiding officer of the legislature are open to judicial review
In 1992, court further held that the whip issued by political party is binding on its members, only in case of Confidence motion, No
confidence motion, Money bills & Vote of thanks to President or Governors address.

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91 constitutional Amendment act, 2003

Act debars a defector from holding any public office for the duration of remaining term of the existing legislature or until fresh elections
Size of COMs is to be 15 % max. of lower house at the centre as well as at states. (However, smaller states such as Mizoram, Sikkim etc.
would have the liberty of having a minimum of 12 ministers)
Seeks to debar a defector from holding any remunerative political post for the remaining tenure of the legislature or unless re-elected
Omitted exemption of splinter group law from exemption to Anti defection law

India Yearbook English India Yearbook Hindi Economic Survey 2017

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