Why is it in the news?
- The Speaker of Maharashtra dismissed all petitions seeking the disqualification of Members of the Legislative Assembly (MLAs). The disqualification under the anti-defection law was rejected by the Speaker.
- The primary reason cited was the absence of physical service of the whip to the concerned MLAs, coupled with the lack of other valid reasons.
| About Whip In parliamentary language, a whip can refer to: · A written order directing party members on a certain course of action. · A designated party official authorized to issue such directives. · The term originates from the British practice of “whipping in” lawmakers to ensure party discipline. |
About Anti-Defection Law
- The anti-defection law, encapsulated in the 10th Schedule of the Constitution, was introduced by the Constitution (52nd Amendment) Act, 1985.
- Its purpose is to prevent political defections among elected representatives.
Conditions for Disqualification: Disqualification occurs if a member:
- Voluntarily gives up party membership.
- Votes or abstains against the party’s direction, and the party does not condone the act within 15 days.
- An independent member becomes disqualified upon joining any political party after the election.
- A nominated member faces disqualification if joining a political party after 6 months from taking the seat.
- The law permits a political party to merge if at least 2/3rd of its legislators are in favour, with the Speaker having absolute power in deciding such cases.
- However, in the case of Kihoto Hollohan vs Zachillhu (1992), the Supreme Court held that the Speaker’s decision under the anti-defection law is subject to judicial review.
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