Jharkhand

• 27 Jul 2024

Disqualification Under Anti-Defection Law

Why in News?

Recently, the Jharkhand Assembly Speaker disqualified two legislators under the Anti-Defection Law.

Key Points

• Both the legislators have been found guilty of defection under the 10th Schedule of the Constitution.
• Anti-Defection Law
  • The anti-defection law punishes individual Members of Parliament (MPs)/Members of the Legislative Assembly (MLAs) for leaving one party for another.
  • Parliament added it to the Constitution as the Tenth Schedule in 1985 in order to bring stability to governments by discouraging legislators from changing parties.
    • The Tenth Schedule - popularly known as the Anti-Defection Act - was included in the Constitution via the 52^nd Amendment Act, 1985.
  • It sets the provisions for the disqualification of elected members on the grounds of defection to another political party.
    • It was a response to the toppling of multiple state governments by party-hopping MLAs after the general elections of 1967.