Now Maharastra has found a new CM after ruckus of near about of one month in a dramatic way. Moreover the episode became more twisted when Shiv Sena – NCP and Congress filed a petition in supreme court for immediate floor test . The NCP supremo, Sharad Pawar immediately removed Ajit Pawar from the post of legislative Party leader.
Plolitical parties are blaming to BJP for splitting the NCP and making accusation that taking oath in 5.30 in morning is unconstitutional and immoral.
Sharad Pawar threatened to his MLA that if anyone dares to go with Ajit Pawar will face anti defection law. Now I want to elaborate anti defection law and try to know that on what basis it is made.
What is Anti-Defection Law? –
The anti defection law was made through 51 amendment of constitution in 1985. This law make disqualify to MP and MLA on the basis of their change from one party to another party.
The anti defection law apply in following cases –
A political party member whether he is MP or MLA, has fought election on that party’s ticket –
(a) if he leave his party willingly, will face this law.
(b) if he votes against the instruction of his political party or become absent and his party do not forgive him for that activity then his membership would finish.
Nominated member: If a nominated member joins the other party after six month of his nomination, his nomination would be finish.
Independent member: If any independent member joins any party after winning the election his member ship would be finish.
Anti defection law would not apply in following situation –
If any party divides and its two – third member make a new party.
If any member of a political party is selected a presiding officer then he would be out from his party willingly and after finishing his term, he would be member of his party again. And this law would not apply on him.
What is the base of Anti defection law? –
We know that political parties do fight election on party manifesto so if any member change his party after election it be deceit with common public who have voted him believing on that manifesto. So my question is that if there can be a law for defection so why there can not be a law for political ally split?
Political ally split law: Need and importance –
Political alliances are made while election when two are more parties come together and fight election on common manifesto. Now the question is that if they split after the election what would be?
In my opinion it would be deceit with common public who have voted them believing on that manifesto.
The anti defection law was made for political stability in the country and for stopping the misuse of public fund. So all of above reason arise too when two parties split after election.
Which type law should be there?
In that case there must be a provision if political parties fight election on a common manifesto and after election if they split and some members change their membership from one party to another party then in that case “Anti defection law” would not apply on that member, provided, the another party, in which he is going to join, stands firm on election manifesto.