Anti-Defection Law Overview
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Questions and Answers

According to the provided information, what is the primary purpose of the anti-defection law?

  • To prevent political parties from forming alliances with each other.
  • To ensure that elected representatives remain loyal to their party's ideology and programs. (correct)
  • To limit the number of elected representatives in the Lok Sabha and State Legislative Assemblies.
  • To increase the power and authority of the Speaker of Lok Sabha.

    • Who has the authority to disqualify a member of the Lok Sabha or a State Legislative Assembly?

  • The Speaker of the Lok Sabha or the Presiding Officer of the State Legislative Assembly (correct)
  • The President of India
  • The Prime Minister of India
  • The Chief Justice of India

    • What is the legal standing of the Speaker's decision regarding disqualification?

  • The Speaker's decision is subject to the approval of the Prime Minister of India.
  • The Speaker's decision is subject to the approval of the President of India.
  • The Speaker's decision is not final and can be reviewed by the courts. (correct)
  • The decision is completely final and cannot be reviewed by the courts.

    • What principle must the Speaker uphold while handling disqualification cases?

    <p>Maintaining impartiality and fairness in the decision-making process. (C)</p> Signup and view all the answers

    Which of the following is a potential consequence of frequent switching of parties by elected representatives?

    <p>Reduced public trust in the political system. (D)</p> Signup and view all the answers

    What is the primary objective of the anti-defection law?

    <p>To promote political stability and ensure accountability of elected representatives. (D)</p> Signup and view all the answers

    Which of the following actions can lead to the disqualification of a Member of Parliament (MP) or Member of Legislative Assembly (MLA) under the anti-defection law?

    <p>Joining another political party after being elected on a different party's platform. (D)</p> Signup and view all the answers

    What was the significant change introduced to the anti-defection law in 1995?

    <p>The law was strengthened by removing an exemption that allowed defection by a large group of members. (B)</p> Signup and view all the answers

    Under which circumstance can members of a political party defect without facing disqualification?

    <p>If their party merges with another party. (D)</p> Signup and view all the answers

    Which of the following statements is TRUE regarding independent members in the context of the anti-defection law?

    <p>Independent members are not bound by the anti-defection law. (A)</p> Signup and view all the answers

    When was the 10th Schedule of the Indian Constitution, which deals with the anti-defection law, introduced?

    <p>1985 (B)</p> Signup and view all the answers

    Which provision of the Indian Constitution initially addressed the anti-defection law?

    <p>52nd Amendment (B)</p> Signup and view all the answers

    What happens to nominated members of the Rajya Sabha who do not join a political party within six months of their nomination?

    <p>They become independent members and are not subject to the anti-defection law. (C)</p> Signup and view all the answers

    Flashcards

    Speaker's Authority

    The Speaker of Lok Sabha or Presiding Officer can disqualify a member.

    Challenging Disqualification

    The Speaker's disqualification decision can be challenged in court.

    Supreme Court's Role

    The Supreme Court can review the Speaker's disqualification decisions.

    Anti-Defection Law Purpose

    Aims to prevent elected representatives from switching parties for personal gain.

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    Political Stability

    The anti-defection law promotes stability by ensuring party commitment.

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    Anti-Defection Law

    A law penalizing politicians for changing party affiliations post-election.

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    Provisions of the Law

    Conditions under which MPs or MLAs can be disqualified: resigning, voting against the party, or joining another party.

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    52nd Amendment

    The amendment that introduced anti-defection provisions in the Indian Constitution in 1985.

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    10th Schedule

    The part of the Indian Constitution that outlines the anti-defection law.

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    1995 Revisions

    Amendments that removed exemptions for disqualification based on party strength.

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    Exceptions to the Law

    Conditions like party mergers and splits where members can defect without disqualification.

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    Independent Members

    Politicians not associated with any political party, not covered by anti-defection law.

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    Nominated Members

    Members appointed by the President who can join a party within six months without facing disqualification.

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    Study Notes

    The Meaning of Anti-Defection Law

    • Anti-defection law aims to penalize politicians who change their party affiliations, especially after being elected on a specific party's platform.
    • This law seeks to prevent political instability and maintain accountability of elected representatives to their constituents.

    Provisions of Anti-Defection Law

    • The law disqualifies MPs or MLAs from holding office if they:
      • Resign from their political party.
      • Vote against their party's official stance.
      • Join another political party.
    • The law's provisions have been amended multiple times for clarification and strengthening.
    • The 52nd Amendment of 1985 introduced these initial provisions.
    • The 10th Schedule of the Indian Constitution outlines the anti-defection law, also introduced in 1985.

    Key Changes to the Anti-Defection Law

    • In 1995, significant revisions to the anti-defection law occurred.
    • A clause exempting members from disqualification if they represented at least one-third of the party's strength in the house was removed.
    • This strengthened the law, making it harder for members to defect without facing disqualification.

    Exceptions to the Anti-Defection Law

    • Exceptions exist where members can defect without disqualification:
      • Merger: If a party merges with another, members of the merged party are not disqualified.
      • Splitting: If a party splits and a separate group constitutes at least two-thirds of the original party's strength, those members aren't disqualified.

    Independent Members and Nominated Members

    • Independent members: Not affiliated with any political party, thus not subject to the anti-defection law.
    • Nominated members: Appointed to the Rajya Sabha by the President, initially independent. Within 6 months, they can choose a party affiliation. If no party, they remain independent and unaffected by the law.

    Disqualification and Appeals

    • The Speaker of Lok Sabha or the Presiding Officer of a State Legislative Assembly can disqualify a member.
    • This decision can be challenged in court.
    • The Supreme Court can review the Speaker's decision, as it's not considered final.

    The Speaker's Role

    • The Speaker, when dealing with disqualification cases under the anti-defection law, must remain impartial.
    • Speaker's decisions are not final and can be contested legally.

    The Rationale Behind the Anti-Defection Law

    • The law aims to maintain political stability by discouraging elected representatives from switching parties for personal gain or political maneuvering.
    • It ensures representatives remain committed to their party's ideologies and policies.
    • It promotes discipline and accountability within the political system, preventing instability.

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    Description

    This quiz explores the Anti-Defection Law, which aims to maintain political stability by penalizing politicians who change party affiliations after election. It covers the key provisions of the law, its historical amendments, and implications on political accountability.

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