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Jharkhand Assembly Speaker’s Tribunal disqualified two legislators under the anti-defection law with effect from July 26
Both have been found guilty of defection under the 10th Schedule of the Constitution
What is Anti-defection law?
The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for another.
Parliament added it to the Constitution as the Tenth Schedule in 1985
Its purpose was to bring stability to governments by discouraging legislators from changing parties.
The Tenth Schedule was included in the Constitution via the 52nd Amendment Act, 1985
However, it allows a group of MP/MLAs to join (i.e., merge with) another political party without inviting the penalty for defection.
And it does not penalize political parties for encouraging or accepting defecting legislators.
As per the 1985 Act, a 'defection' by one-third of the elected members of a political party was considered a 'merger'.
But the 91st Constitutional Amendment Act, 2003, changed this and now at least two-thirds of the members of a party must be in Favour of a "merger"
The members disqualified under the law can stand for elections from any political party for a seat in the same House.
The decision on questions as to disqualification on ground of defection are referred to the Chairman or the Speaker of such House, which is subject to ‘Judicial review’
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