Explainer: How does membership survive after defecting? What does the Prohibition of Defection Act say and what is the fate of Raghav Chadha?

• Due to political upheaval, defection law is once again in discussion
• Raghav Chadha and MP’s membership in danger in the wake of rebellion in AAP
• This rule in the 10th Schedule of the Constitution will be decisive for the future of AAP

   

Anti-Defection Law Explained: The recent political upheaval in the Aam Aadmi Party (AAP) has once again brought the Defection Act into the limelight. This law is considered very important for the stability of the government and balance of strength in the House.

This Act was included in the 10th Schedule of the Constitution by the 52nd Amendment in 1985. Its main purpose was to ensure that no MP or MLA changes party for personal or political gain after the election.

Basic principle of law

If an MP leaves his party or votes against the party whip, his membership can be revoked. Former Lok Sabha Secretary General P.D.T. According to Acharya, a provision was added after the 2003 constitutional amendment, according to which if at least two-thirds of MPs or MLAs of a party join another party at the same time, it will not be considered defection.

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What is the role of the president?

In such cases the Speaker or Speaker of the House takes the final decision. If a complaint is filed against a member, the Speaker decides whether the Anti-Defection Act has been violated or not. However, their decision is not final and can be challenged in court, delaying the legal process in many cases.

What exactly is the role of factionalism, disqualification and Election Commission?

In politics, divisions within parties, disputes over who is the ‘real party’, and disqualification of MLAs-Khasdars frequently come to the fore. At such a time, many people are confused about who’s role is exactly. Against this backdrop, it becomes important to understand the entire process.

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When does Election Commission come into play?

When a political party splits or two factions claim the ‘real party’, the matter goes to the Election Commission of India.

The commission decides on certain important criteria, on whose side the official organization of the party is. With which group are the elected MLAs-Khasdars? What does the party constitution say? At this level, the dispute over the election symbol is also settled.

Resignation and Disqualification: What’s the Difference?

In politics, the words ‘resignation’ and ‘disqualification’ are often used together, but the two are different. If a member voluntarily resigns and is accepted, this is considered normal procedure.

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Defection Law :

If a member is disqualified under the anti-defection law, he cannot become a minister immediately. He has to contest elections again. Cannot participate in important process like majority test

Role and Oversight of the Supreme Court

The Supreme Court of India made an important observation about this system in 2020. ” The court had opined that instead of vesting only the President/Chairman with the power to decide disqualification cases, an independent and impartial tribunal (eg a committee of retired judges) should be considered, which would make the process more transparent and fair.