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Showing posts with the label 52nd Amendment Act

What is the Anti Defection Law?

CONTEXT India’s first Member of Parliament to have been disqualified from the Lok Sabha has now been disqualified as an MLA in Mizoram. Mizoram Assembly Speaker disqualifies Zoram People’s Movement MLA Lalduhoma. Ground for disqualification The disqualification was on the ground that Mr. Lalduhoma had declared himself as a representative of the Zoram People’s Movement (ZPM) despite being elected as an independent candidate from the Serchhip Assembly constituency. He lost the character of an independent legislator because of the declaration. What is the Anti-Defection Law? The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act . It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House. The law applies to both Parliament and state assemblies. When can a member be disqualified? If a member of a house belonging to a political part...