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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:
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
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
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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