Supreme Court judgement on Anti-defection law
In recent years, opposition MLAs in some states, such as Andhra Pradesh and Telangana, have broken away in small groups gradually to join the ruling party. In some of these cases, more than 2/3 rd of the opposition has defected to the ruling party. What is the purpose of the anti-defection law? What are the grounds of disqualification? Articles 102 (2) and 191 (2) deals with anti-defection.The intention of the provision is to check the corruption/horse trading in parliament/ to check the popular phenomenon. The purpose, as is obvious, is to curb political defection by the legislators. There are two grounds on which a member of a legislature can be disqualified. One, if the member voluntarily gives up the membership of the party, he shall be disqualified. Voluntarily giving up the membership is not the same as resigning from a party. Even without resigning, a legislator can be disqualified if by his conduct the Speaker/Chairman of the concerned House draws a reasonable ...