Context:

• 5 TDP members of Rajya Sabha defected in BJP party.

About:

• The Anti-Defection law sought to prevent such political defections which may be due to reward of office or other similar considerations.
• 10th Schedule
• Power to disqualify bears with Speaker/ Chairman of House.
• A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote.

Background:

• Anti-Defection Law was passed in 1985 through 52nd amendment of constitution.

Disqualification Grounds:

• If member of house belonging to a political party
• Voluntary gives membership of his political
• Votes or does not vote contrary to directions of his party. If an independent candidate joins a political party after
• Nominated member is allowed to join a political party provided he joins such political party of his choices within a period of six months. After that period, joining a political party would lead to defection and disqualification.

Disqualification Authority:

• The question whether a member is subject to disqualification in all other matters except under 10th Schedule (disqualification) is Decided by President. However, President should obtain the opinion of the election commission before taking such decision.
• The Question of Disqualification under Anti-defection / Tenth Schedule is decided by the Chairman in the case of Rajya Sabha {i.e. Vice-President} and Speaker in the case of Lok Sabha.

When Defection is not Applied:

• Person shall not be disqualified if his political party merger with another party.
• Person and other members do not accept the merger and opt to function as a separate group.
• This exception shall operate only if not less than two third of the members of party in house have agreed to the agreed to the merger.