Question

Consider the following two statements regarding the implementation of the anti-defection law:

1. If an elected member voluntarily gives up his membership of a political party;

2. If an elected member votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorized to do so, without obtaining any prior permission.

Which of the above 2 statements is a criteria for the anti-defection law?

• A. Only 1
• B. Only 2
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

The correct option is C Both 1 and 2

As per the anti-defection law, a member of parliament or state legislature can be disqualified on the following grounds:

• When voluntarily resigned from his party or disobeyed the directives of the party leadership on a vote.
• When does not vote/abstains as per party’s whip? However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.