Applicability of Anti-defection law for nominated MPs

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In news: Recently, Swapan Dasgupta, a nominated member of Rajya Sabha  has resigned from the membership of the  upper house

A brief note on the issue

A member of Parliament had raised the issue of  Swapan Dasgupta’s disqualification from Rajya Sabha under the anti-defection law, after the BJP had fielded Dasgupta as its candidate for Tarakeswar constituency in the West Bengal Assembly elections. 

Anti-defection law & its applicability to nominated member of Rajya Sabha

• Year of passing the law:  Tenth Schedule, popularly known as the anti-defection law, was added to the Constitution in 1985
• Its origin: Aaya Ram Gaya Ram was a phrase that became popular in Indian politics after a Haryana MLA Gaya Lal changed his party thrice within the same day in 1967.  
• Purpose: The anti-defection law sought to bring stability to governments by deterring MPs and MLAs from changing their political parties on whose ticket they were elected. 
• Penalty: The law makes it clear that a member who is shifting the political parties will loose the  parliamentary membership and a bar on becoming a minister. 
• It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
• A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote. 
• This implies that a legislator defying (abstaining or voting against) the party whip on any issue can lose his membership of the House.  The law applies to both Parliament and state assemblies.

Criteria for actions under the law

The anti-defection law provides the following three types circumstances/scenarios under which changing of political parties by MPs invite action under the law:

1. When a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House contrary to the wishes of the party
2. When an MP who has won his or her seat as an independent candidate after the election joins a political party. In both these instances, the MP lose the seat in the House on changing (or joining) a party.
3. It is related to nominated MPs. 

Applicability in the case of nominated member of Rajya Sabha

• The law specifies that within six months of being nominated to the House, they can choose to join a political party. 
• The time is given so that if a nominated MP is not a member of a political party, they can decide to join one if they want. But if they don’t join a political party during the first six months of their tenure, and join a party thereafter, then they lose their seat in Parliament.(It was applied inSwapan Dasgupta case) 

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