Question

With reference to the Union Legislature, answer the following question:
Explain the two conditions under which a member of parliament can be disqualified under the Anti-Defection Law.

Answer 1

Hint: The 52nd Amendment to the Constitution in 1985 added the 10th Schedule to provide for disqualification on the grounds of defection. The law formally came to effect on March 1, 1985. The aim of the law is to bring some stability to the Indian political system by preventing political defections (switching political parties) for their personal motive.

Complete answer: According to the 52nd Constitutional Amendment, a member of a political party belonging to a house of parliament or state legislature would be disqualified if they voluntarily gave up membership of the party or if they vote or abstain from voting in such House contrary to any direction issued by the party to which they belong without obtaining prior permission and their action has not been condoned by the party within 15 days of such voting or abstention. An independent member of the parliament or state legislature will be disqualified if they join any political party after their election.

Note: Members of the Lok Sabha (Lower House) are elected directly by the people from 543 constituencies around the country. Two members are nominated by the President from among the members of the Anglo-Indian community. The members of Rajya Sabha (Upper House) are elected by the elected members of the legislative assemblies of the respective states in accordance with proportional representation. The Rajya Sabha has a total of 250 members, 238 elected members and 12 members nominated by the President on the advice of the Prime Minister.