Anti Defection Law UPSC
According to the 52nd Amendment Act, a member of Parliament or State legislature belonging to any political party shall be disqualified for being a member of that house.
a). If he has voluntarily given up his membership of such political party.
b) If he votes or abstains from voting in such House contrary to any direction issued by the political party.
In the case of an independent member, an elected member shall be disqualified if he joins any political party after such an election. In the case of a nominated member, he shall be disqualified for being a member of the house if he joins any political party on the date on which he takes his seat.
This law shall not apply
To a situation of merger’ when at least 2/3 members of a legislature party merge themselves with another political party. To a person who resigns membership of his party after being elected as the presiding officer of the House and rejoins the party after laying down that office. The question of disqualification under the 10th Schedule is decided by the presiding officer whose decision is final in this regard.
In 1992, the Supreme Court ruled that the decision of the Chairman / Speaker in this regard is subject to Judicial Review. Recently, the Supreme Court in a significant ruling in the anti-defection law judge held that a member of Parliament or the State Legislature can be disqualified for defying a whip only on two counts that are voting on a motion of confidence or no-confidence and when the matter relates to the programme and policies of a political party.
The Constitution (Ninety-first Amendment) Act, 2003 amended the Tenth Schedule of the constitution and inserted a new article 361B to take away the protection from defectors on grounds of a split in the party. It disqualified defectors from membership or another remunerative public office till reelection.
Here are some notes on the high courts and subordinate courts