An AAP MLA in Delhi has been disqualified under
the anti-defection law which is contained in the 10th Schedule of the
Constitution. It was enacted by Parliament in 1985.
The 10th Schedule was inserted
to the Constitution through the 52nd Constitutional (Amendment)
Act, 1985. The anti-defection law is based on the recommendations of the Y B
The purpose of the anti-defection law is to curb
political defection by the legislators. The law applies to both Parliament and
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.
There are two grounds on which a member of a
legislature can be disqualified: a) if he/she voluntarily gives up the
membership of his/her party and b) if a legislator votes in the House against
the direction of his/her party and his/her action is not condoned by his party.
There is an exception that has been provided in
the law to protect the legislators from disqualification. The 10th Schedule
says that if there is a merger between two political parties and two-thirds of
the members of a legislature party agree to the merger, they will not be disqualified.