An elected independent member of a State Assembly becomes a member of a political party. Does this action affect his membership in the Assembly? [RJS 1988]

Question: An elected independent member of a State Assembly becomes a member of a political party. Does this action affect his membership in the Assembly? [RJS 1988]

Find the answer to the mains question only on Legal Bites. [An elected independent member of a State Assembly becomes a member of a political party. Does this action affect his membership in the Assembly? [RJS 1988]

Answer

The Tenth Schedule to the Constitution, popularly known as the Anti-Defection Law, introduced by the Constitution (Fifty-second Amendment) Act, 1985 as amended by the Constitution (Ninety-first Amendment) Act, 2003 lays down the conditions regarding disqualification on ground of defection. The main provisions of the Tenth Schedule are summarized below:

1. An elected member of Parliament or a State Legislature, who has been elected as a candidate set up by a political party and a nominated member of Parliament or a State Legislature who is a member of a political party at the time she/he takes her/his seat would be disqualified on the ground of defection if she/he voluntarily relinquishes her/ his membership of such political party or votes or abstains from voting in the House contrary to any direction of such party.
2. An independent member of Parliament or a State Legislature will also be disqualified if she/he joins any political party after her/his election.

Therefore, it is clear that an elected independent member of a State Assembly when joining a political party and becomes its member, will be covered under the anti-defection laws and the concerned elected member stands disqualified as a member of the assembly, in accordance with the provisions of Xth schedule.

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