However, as events in the years and decades since have demonstrated, these amendments have had only limited impact. Legislators started resigning from the membership of the House in order to escape disqualification from ministerial berths. The ceiling on the size of the Council of Ministers meant an increase in the number of positions of parliamentary secretaries in states.
The Speakers started taking an active interest in political matters, helping build and break governments. The anti-defection law does not specify a timeframe for Speakers to decide on defection proceedings.
When the politics demanded, Speakers were either quick to pass judgment on defection proceedings or delayed acting on them for years on end. The events in the Karnataka Vidhan Sabha in the summer of this year showed that even after three decades, the anti-defection law has not been able to stop political defections.
Parliament States Primer. Parliament States. State Assembly. Articles by PRS Team explained-in-maharashtra-drama-the-key-legal-provision-—-anti-defection-law. Explained: In Maharashtra drama, the key legal provision — anti-defection law. Chakshu RoyIndian Express , Nov 24, What happens in Maharashtra now remains to be seen.
A special provision has been included in the Bill to enable a person who has been elected as the presiding officer of a House to sever his connections with his political party. The question as to whether a member of a House of Parliament or State Legislature has become subject to the proposed disqualification will be determined by the presiding officer of the House; where the question is with reference to the presiding officer himself, it will be decided by a member of the House elected by the House in that behalf.
Short title and commencement. Amendment of article Addition of Tenth Schedule. Disqualification on ground of defection. Disqualification on ground of defection not to apply in case of split. And it does not penalise political parties for encouraging or accepting defecting legislators.
Parliament added it to the Constitution as the Tenth Schedule in Its purpose was to bring stability to governments by discouraging legislators from changing parties. It was a response to the toppling of multiple state governments by party-hopping MLAs after the general elections of The law covers three kinds of scenarios. The third scenario relates to nominated legislators. In their case, the law specifies that they can join a political party within six months of being appointed to the House, and not after such time.
Violation of the law in any of these scenarios can lead to a legislator being penalised for defection. The Presiding Officers of the Legislature Speaker, Chairman are the deciding authorities in such cases.
The Supreme Court has held legislators can challenge their decisions before the higher judiciary. The law does not provide a time-frame within which the presiding officer has to decide a defection case.
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