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Ant-defection law of Rajiv Gandhi an insecurity inside

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Ant-defection law of Rajiv Gandhi an insecurity inside

The Tenth Schedule — popularly known as the Anti-Defection Act — was included in the Constitution in 1985 by the Rajiv Gandhi ministry and sets the provisions for disqualification of elected members on the grounds of defection to another political party.

The law was added via the 52nd Amendment Act, 1985, soon after the Rajiv government came to power with a thumping majority in the wake of the assassination of prime minister Indira Gandhi. The Congress had won 401 seats in the Lok Sabha.

What are the grounds for disqualification under the Anti-Defection Law’s Articles 102 (2) and 191 (2)?

a) If an elected member voluntarily gives up his membership of a political party;

b) If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorised to do so, without obtaining prior permission.

As a pre-condition for his disqualification, his abstention from voting should not be condoned by his party or the authorised person within 15 days of such incident.

 

About Srinivas Mohanty

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