Anti Defection Law is It Irrelavant Today

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Senior Congress leader from Madhya Pradesh Jyotiraditya Scindia joined the BJP on 11^th
He left the Congress in a dramatic manner on 10^th
Jyotiraditya Scindia’s parting ways with the Congress has plunged the Kamal Nath government in Madhya Pradesh into crisis, which may soon have to take a floor test.
22*Madhya Pradesh MLAs have resigned, soon after Mr Scindia ended his 18-year-long association with the

Defection

Defections = jumping from one political party to the other after getting elected.
The anti-defection law is meant for disqualification of members of Parliament or State Legislatures on the grounds of defections from one political party to the other.
A member of the legislative assembly is elected by the people and carries their mandate in assembly.
Considering this, safeguards were placed in the Constitution to check resignation by the elected members on whimsical ground or with ulterior motive.

52nd Amendment Act of 1985 provided for the disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another.
1Oth schedule to the constitution was added by the 52^ndamendment act.
Hence, defection has no immediate and automatic effect.

A member of a political party can be disqualified if that member after getting elected voluntarily resigns to the political party on whose ticket he/she got elected to the house or disobeys the directives of the party leadership on a vote.
An independent member of a House (elected without being set up as a candidate by any political party) becomes disqualified if he joins any political party after such

If a 2/3^rdof a political party forms a separate group or joining another political party is called merger.
If a member goes out as a result of merger, the member is not
Before the 91^stAmendment act of 2003, the limit was 1/3^rdof the total members of the party.
This opportunistic provision was removed through the introduction of the 91st constitutional amendment, which increased the required number of members to form a new group from one-third to two-thirds.
Since then(2003), the parties in power have started misusing the expansive powers of the speaker’s office in deciding matters of disqualification.
Any question regarding disqualification arising out of defection is to be decided by the Presiding officer (Speaker/chairman).
Initially the decision of the chair was not subjected to the judicial
In the year 1993, in Kihoto Hollohan V. Zachilhu case, the Supreme Court declared that this provision is unconstitutional on the ground that it seeks to take away the jurisdiction of Supreme Court and High Courts.
Hence since 1993, the decision of chair is subject to the judicial review.
It means the disqualification of a member can be challenged in a court of law.

A member may be suspended by the political party for violating the discipline of the party.
A suspended member from a political party is not disqualified from the membership of the house.
The Presiding officer can take up a defection case only when he/she receives a complaint from a member of the house.
The speaker need not take the decision immediately.
If the Speaker “is satisfied that resignation is not voluntary or genuine, he shall not accept such resignation”, states Article 190 of the Constitution.
The vesting of decision-making authority in the presiding officer is criticised on the grounds that he/she may not exercise this authority in an impartial and objective manner due to political exigencies.
The ADL banned only retail defections and legalised wholesale defections

The current effective strength of the MP assembly is 228, with two seats lying vacant.
While the Congress has 114 MLAs, there are 107 legislators of the BJP.
If the 22 resignations are accepted, the effective strength of the MP assembly will come down to 206, leaving the Bharatiya Janata Party (BJP) with a slender majority beyond the halfway mark of 103 with its 107 MLAs.
Law empowers Speaker to reject resignation if it is not voluntary or genuine in nature.
Technically, the Congress government in Madhya Pradesh continues to enjoy majority till these resignation letters are not submitted formally and accepted by the Speaker.

Government formation in the states has become a messy affair, with political parties frequently resorting to quarantining their MLAs in hotels to avoid horse-trading in a bid to retain their majority.
Recent examples can be found in Karnataka, Telangana and Maharashtra
JM Scindia has been immediately named BJP’s nominee for a Rajya sabha seat from Madhya Pradesh.