Question

Who according to the Anti Defection Act, is the final authority to decide whether a member of Lok Sabha has incurred disqualification due to defection?
A)Speaker
B)President
C)Election Commission
D)High Court

Answer 1

Hint: Defection is the term given to the act when a legislator from one party joins another party. This kind of political migration is not healthy as defections are often motivated by ministerial positions, money and leads to instability in the government.
During 1967-71, cases of defection were on the rise and to deal with it, the 52nd Constitutional Amendment was passed. 52nd Amendment Act of 1985 provided for the disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another. This came to be known as the Anti Defection law.

Complete Answer: The following are the provisions with respect to the disqualification of members of Parliament and the state legislatures on the ground of defection:
-A member of a House belonging to any political party becomes disqualified from being a member of the House, (a) if he voluntarily gives up his membership of such political party; or (b) if he votes or abstains from voting in such House contrary to any direction issued by his political party
-An independent member of the House gets disqualified if he or she joins any political party after his election to the house.
-A nominated member of the house will be disqualified if he or she joins a party after six months of being nominated.
Now the authority to take decisions regarding defection resides with the presiding officer of the House. The presiding officer of Lok Sabha is the Speaker. Therefore the decision of the Speaker is final in Lok Sabha in cases of disqualification due to defection.
Option (B) President and option (C ) Election commission are incorrect as they take decisions on disqualification of members on the grounds stated in the Representation of People’s Act 1951.
Option (D) High Court is incorrect too as the High Court only has the power to scrutinize, through its power of judicial review, the decision of the presiding officer on disqualification on the grounds of defection.

Hence, Option (A ) is the correct answer.

Note: Though the decision of the Speaker is final in deciding disqualification of any member on the grounds of defection, his decision could still be questioned in the court. The Supreme Court in Kihoto Hollohan case mandated that the speaker’s decision is subject to judicial review on the grounds of mala fides, perversity, etc. Also it is important to note that any other case of disqualification, apart from defection, and under Representation of People’s Act 1951 is decided by the President in consultation with the Election commission.