Which of the following is/are true regarding Anti-Defection Law?

1) Only when 2/3rd members of the party agree to the merger, a merger takes place between parties.

2) The presiding officer of the house decides any question regarding disqualification arising out of defection.

a. Only 1

b. Only 2

c. Both 1 and 2

d. Neither 1 nor 2

ANSWER: Both 1 and 2

Explanation:

2 exceptions to the Anti-Defection Law -

First - If a member goes out of his party due to a merger of his party with another party, he won’t be disqualified on grounds of defection.

Only when 2/3rd members of the party agree to the merger, a merger takes place.

Second - On being elected as the presiding officer of the House, if a member, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office, he won’t be disqualified.

This exemption aims to maintain the dignity and impartiality of this office.

Exemption from disqualification in case of split by 1/3rd members of legislature party has been deleted by the 91st Amendment Act of 2003.

Thus, the defectors have no more protection on grounds of splits.

Deciding Authority -

The presiding officer of the house decides any question regarding disqualification arising out of defection.

Originally, the act provided that the decision of the presiding officer is final and cannot be questioned in any court.

The Supreme Court declared this as unconstitutional on the ground that it seeks to take away the jurisdiction of the Supreme Court and the High Courts.

It held that the presiding officer, while deciding a question under the Tenth Schedule, function as a tribunal.

Thus, his decision is subject to judicial review on the grounds of mala fides, perversity etc.

Rule-Making Power -

The presiding officer of a House can make rules to give effect to the provisions of the 10th Schedule.

All such rules must be placed before the House for 30 days in which the House may approve or modify or reject them.

Also, he may direct that any willful breaking of such rules by any member may be dealt in the same manner as a breach of privilege of the House.

The presiding officer can take up a defection case only when he receives a complaint from a member of the House.

Before taking the final decision, he must give the defecting member a chance to submit his explanation.

He may also refer the matter to the committee of privileges for inquiry.

This shows that defection as such has no immediate and automatic effect.