Anti-defection law in India

Answer 1

During the Prime Minister Rajiv Gandhi's government the 52nd amendment amended articles 101, 102 , 190 and 191 and added a new schedule, the Tenth schedule , to the constitution which deals with the disqualification of a member of Parliament on the ground of defection.

A member shall be disqualified from being member of either house of the parliament or a state legislature if he incurs the disqualifications mentioned in the 10th schedules:-

1. if he voluntarily gives up the membership of the political party on whose ticket he is elected to the House;

2. if he votes or abstains from voting in the House against any direction of the political party or by any person or authority authorized by it in this behalf, without the party permission , of such party and unless it has been condoned by the party within 15 days from the date of voting or abstention;or

3. if any nominated member joins any political party after the expiry of 6 months from the date on which he takes his seat in the House.