Article 102 of Constitution and Anti-Defection Law
Article 102 of the Constitution of India and the Anti-Defection Law
1. Article 102 of the Constitution of India
Article 102 of the Indian Constitution lays down grounds for disqualification of Members of Parliament (MPs). It ensures that members uphold integrity, loyalty to the Constitution, and avoid conflicts of interest.
Text of Article 102 (Simplified)
A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament:
(a) if he holds any office of profit under the Government of India or any State (except as allowed by Parliament),
(b) if he is of unsound mind and declared so by a competent court,
(c) if he is an undischarged insolvent,
(d) if he is not a citizen of India, or has voluntarily acquired citizenship of a foreign state,
(e) if he is disqualified under any law made by Parliament.
Note: Clause (e) is the gateway through which the Anti-Defection Law (discussed below) becomes a valid ground for disqualification.
2. Anti-Defection Law
The Anti-Defection Law was introduced by the 52nd Constitutional Amendment Act, 1985, and inserted as Tenth Schedule of the Constitution. It aims to prevent political defections motivated by the lure of office or material benefits.
Key Provisions:
Disqualification on Grounds of Defection:
An MP or MLA can be disqualified if:
Voluntarily gives up membership of the party on whose ticket they were elected.
Votes or abstains from voting in the legislature against the party’s directive (whip) without prior permission.
Exceptions:
Merger: If two-thirds of the members of a party merge with another political party, disqualification does not apply.
Presiding Officers: The Speaker, Deputy Speaker, Chairman, or Deputy Chairman is allowed to resign from their party upon election to the post without facing disqualification.
Decision-Making Authority:
The Speaker or Chairman of the House decides disqualification petitions. However, their decision can be challenged in court (as per Supreme Court judgments like Kihoto Hollohan v. Zachillhu, 1992).
Relationship Between Article 102 and Anti-Defection Law
Article 102(1)(e) allows Parliament to make laws that prescribe additional grounds for disqualification.
The Tenth Schedule, introduced through a constitutional amendment, acts as such a law.
Therefore, any disqualification under the Anti-Defection Law is constitutionally valid under Article 102(1)(e).
Significance
Promotes political stability by discouraging frequent defections.
Helps maintain party discipline.
Ensures that elected representatives do not betray the mandate of the voters.
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