JHARKHAND MLAS DISQUALIFIED UNDER ANTI-DEFECTION LAW

Why in the news?

  • Jharkhand Assembly Speaker’s Tribunal disqualified two MLAs under the anti-defection law effective July 26.
  • Disqualified MLAs: JMM’s Lobin Hembrom (Borio seat) and BJP’s J.P. Patel (Mandu seat).
  • Both were found guilty of defection under the 10th Schedule of the Constitution.

About Defection in Politics:

  • Act of abandoning one’s political party to join another.
  • Often involves a shift in loyalty for personal gains or benefits.
  • Breaches electoral trust and undermines government stability.
  • Affects governance processes.

About Anti-Defection Law (ADL):

  • Legal framework to prevent political defection in India.
  • Aims to ensure political stability and party discipline.
  • Deters legislators from switching parties or voting against party directives.
  • Imposes disqualification for non-compliance.
source:lotusarise
Constitutional Provisions on Anti-Defection Law (ADL):

  • Introduced via the 52nd Amendment Act, 1985.
  • Added the Tenth Schedule to the Indian Constitution.
  • Revised by the 91st Amendment Act, 2003.
  • Contains provisions regulating defection and party-switching.

52nd Amendment Act of 1985:

  • Introduced disqualification for MPs and State Legislators due to defection.
  • Amended Articles 101, 102, 190, and 191 of the Constitution.
  • Added the Tenth Schedule, known as the ‘Anti-Defection Law’.

Associated Article:

https://universalinstitutions.com/anti-defection-law-2/#:~:text=The%20Anti%2DDefection%20Law%20has%20played%20a%20significant%20role%20in,to%20abuse%20by%20party%20leaders