Question

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

Answer 1

The 52nd amendment to the Constitution added the Tenth Schedule which laid down the process by which legislators may be disqualified on grounds of defection. Some of the conditions for disqualifications of an MP under the Anti-Defection Law are as below:

1. A member of parliament or state legislature was deemed to have defected if he either voluntarily resigned from his party or disobeyed the directives of the party leadership on a vote. That is, they may not vote on any issue in contravention to the party’s whip.

2. Independent members would be disqualified if they joined a political party.