Nominated Rajya Sabha MP Swapan Dasgupta was disqualified 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
· In 1985 the 10th Schedule, popularly known as the anti-defection law was added to the constitution. · The purpose of the law was to bring stability to governments by deterring MPs and MLAs from changing their political parties on whose tickets they were elected.
· The penalty for shifting political parties is the loss of parliamentary membership and a bar on becoming a minister.
· No confidence motion ensures the continuity and stability of an elected government in LokSabha whereas the anti-defection applies equally to both Lok Sabha and Rajya Sabha MPs.
· Earlier version of the law did not contain the provision for the disqualification of nominated MPs.
· The law covers 3 types of scenarios under which changing of political parties by MPs invite action under the law.
They are,
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.
3. If the nominated M.P who is not a member of a political party, doesn’t join the one during the 1st six months of their tenure will lose their seat in Parliament.
Changing/joining a party
· Over the years, courts have decided that changing a party or joining another does not have to be a formal act.
· It can also be decided through an MP’s actions, on a case-by-case basis.
