•What is the Anti-Defection Law? Why India needed an Anti Defection Law? •What are the grounds for disqualification under the Anti-Defection Law's Articles 102 (2) and 11 (2)? Merits and Demerits of this law. •What were the !a"or loo#holes? $%#erience so far& International scenario on Anti Defection Defection Law. •nder which circu!stances is a s#lit in a #art not considered a 'defection'? •What are the #owers of a #art whi# under the onstitution in case of a defection? •What are the o#tions *efore a disqualified elected !e!*er? Petitions Disqualification. Procedure. •Who is the deciding authorit? Judicial interpretation by ourts. !iews of some ommittees on Anti"Defection Law. •What is the Anti-Defection Law? The Tenth Schedule which which is popularly known as the the Anti-Defection Act was included in the Constitution in 1985 by the Rai! "andhi #inistry and sets the pro!isions for dis$ualification of elected #e#bers on the %rounds of defection to another political party&
The Anti-Defection law was introduced !ia the 5'nd A#end#ent Act( 1985( soon after the Rai! "andhi %o!ern#ent ca#e into power with a thu#pin% #aority post assassination of )ri#e *inister +ndira "andhi& Wh +ndia needed an Anti Defection Law? Law? The Rai! "andhi %o!ern#ent was pro#pted to introduce Anti-Defection ,aw because se!eral defections were witnessed in the 198.s& 198.s& The A#end#ent was supposed to brin% stability to the structure of political parties and stren%then s tren%then parlia#entary de#ocracy by prohibitin% defections& The earlier failures to deal with this issue had caused ra#pant horse-tradin% and corruption& The Schedule / was thus( seen as a tool to cure this #alaise& This constitutional #easure #eant each #e#ber who was elected to a political party( so he could not later opt to lea!e that party or switch to a different party& What are the grounds for disqualification disqualification under the Anti-Defection Anti-Defection Law's Articles 102 (2) and 11 (2)? (2)? a0 +f an elected #e#ber !oluntarily %i!es up his #e#bership of the political party b0 +f he !otes or abstains fro# !otin% in in such 2ouse contrary to any of the direction direction issued by his political party or anyone authorised to do so on behalf of the political party( without obtainin% prior per#ission& The pre-condition for his dis$ualification( is when his abstention fro# !otin% has not been condoned by his party or the authorised person person within 15 days of such incident& The Chair#an or the Speaker of a 2ouse has been e#powered to fra#e rules for %i!in% effect to the pro!isions of the Tenth Schedule& The rules are set before the 2ouse and shall be subect to #odifications3disappro!al by the 2ouse& +nde#endent ,e!*ers An ,e!*ers An independent #e#ber of a 2ouse 4elected without bein% set up as a candidate by any political political party0 beco#es dis$ualified to re#ain as a #e#ber of the 2ouse if he oins any political party after such election& .o!inated ,e!*ers A ,e!*ers A no#inated #e#ber of a 2ouse beco#es dis$ualified for bein% a #e#ber of the 2ouse if he oins oins any other political party after the epiry of si #onths fro# the date on which he takes his seat in the 2ouse& This #eans that he
#ay oin any political party within si s i #onths of takin% his seat in the 2ouse without in!itin% any dis$ualification& The abo!e dis$ualification on the %round of defection does not apply in the followin% two cases6 1& +f a #e#ber #e#ber %oes out out of his politi political cal party party as a result result of a #er%er #er%er of the the party party with another party& Such #er%er of political political parties takes place when twothirds of the #e#bers of the party ha!e a%reed to such #er%er& '& +f a #e#ber( #e#ber( after after he has been been elected elected as the the presidin% presidin% officer officer of the the 2ouse( 2ouse( !oluntarily %i!es up the #e#bership of his his political party or reoins it after he ceases to hold that office& This ee#ption has been pro!ided in !iew of the di%nity and i#partiality of this office& ,erits and De!erits of this law The Defection ,aw has its own *erits and De#erits and it is upon the politicians and our citi7ens to see how they interpret the Anti-Defection ,aw and help in the proper functionin% of the de#ocracy& ,erits )ro!ides #ore stability to the %o!ern#ent by pre!entin% shifts of party alle%iance& nsures that candidates are elected with party support and on the basis of party #anifesto.s so as to to re#ain loyal to the the party policies& This This pro#otes party discipline& De!erits :y pre!entin% parlia#entarians fro# chan%in% parties( it thus reduces the accountability of the %o!ern#ent to the )arlia#ent and the people& The Anti- Defection ,aw interferes with the #e#ber;s freedo# of speech and epression by curbin% dissent a%ainst party policies& What were the !a"or loo#holes? As per the 1985 Act( the word .defection. by one-third of the elected #e#bers of a political party was considered a .#er%er.& Such defections were not actionable a%ainst& The Dinesh "oswa#i Co##ittee on lectoral Refor#s and the ,aw Co##ission in its report on orkin% of the Constitution 4=CR>C0 all of the# reco##ended deletion of the Tenth Schedule pro!ision re%ardin% ee#ption fro# dis$ualifications in case of a split&
?inally the 91st Constitutional A#end#ent Act( '@( chan%ed this& So now atleast two-thirds of the #e#bers of a party ha!e to be in fa!our of a <#er%er< for such <#er%er< to ha!e !alidity in the eyes of the law&
#e#bers of one party if he or she or other #e#bers of the party ha!e not accepted the #er%er between two parties and has opted to function as a separate %roup fro# the ti#e of such a #er%er& What are the #owers of a #art whi# under under the onstitution in case of a defection? The whip upholds the party directi!es in the 2ouse as the authori7ed !oice of the party& Bn defection of elected #e#bers of his party( the party whip can send a petition on the alle%ed defection to the Chair#an or the Speaker of a 2ouse for their dis$ualification& 2e can also epel the #e#bers fro# the party& :ut this does not necessarily #ean that the #e#bers so epelled lose their seats in the 2ouse& They also continue to han% on to their seats as lon% as the Chair#an or the Speaker of a 2ouse %i!es final decision on their dis$ualification dis$ualification fro# the 2ouse after a proper in$uiry on the basis of the petition petition filed by party whip& What are the o#tions *efore a disqualified elected elected !e!*er? The #e#bers so dis$ualified can stand for elections fro# any political party for a seat in the sa#e 2ouse& 2 ouse& :ut he( naturally cannot %et a ticket fro# his for#er party& +nfor#ation to be furnished by #e#bers !ery #e#ber is in!ariably re$uired to indi!idually furnish to the Speaker a state#ent %i!in% details of his party p arty affiliation etc& as on the date of of election3no#ination in ?or#-+++ as prescribed in the Dis$ualification Rules& +n the e!ent of any chan%e in the infor#ation %i!en by the #e#bers in their respecti!e ?or#s-+++( in ter#s of declaration in their for#s( they are re$uired to i##ediately inti#ate the sa#e to the Speaker& /etitions Disqualification =o reference of any $uestion as to whether a #e#ber has beco#e subect to dis$ualification shall be #ade ecept by a petition in relation to such #e#ber #ade in writin% to the Speaker by any other #e#ber& !ery petition is re$uired to contain c ontain a concise state#ent of the #aterial facts and to be acco#panied by copies of docu#entary e!idence( if any( on which the petitioner petitioner relies& !ery petition is re$uired to be si%ned by the petitioner and !erified in the #anner laid down in the Code of Ci!il )rocedure( 198( for the !erification of pleadin%s& !ery anneure to the petition is re$uired to be si%ned by the petitioner and !erified in the sa#e #anner&
/rocedure Bn receipt of the petition( the Speaker will consider whether the petition co#plies with the re$uire#ents of the Rules& +f the petition does not si#ply co#ply with the re$uire#ents( the Speaker shall dis#iss petition and inti#ate the petitioner& +f the petition co#plies with the re$uire#ents( copies of the petition are forwarded to the #e#ber in relation to who# the petition has been #ade and if the #e#ber belon%s to any le%islature party( and such petition has not been #ade by the leader ( also to such leader( for furnishin% their co##ents in writin% to the Speaker on the petition& After considerin% the co##ents( Speaker will either either proceed to deter#ine the $uestion or( if he is satisfied( ha!in% re%ard to the nature and circu#stances of the case that it is necessary or epedient so to do refer the petition to the Co##ittee of )ri!ile%es for #akin% a preli#inary in$uiry and sub#ittin% a report to hi#& The procedure which shall be followed by the Speaker for deter#inin% $uestion of dis$ualification and the procedure which shall be followed by Co##ittee of )ri!ile%es for #akin% preli#inary in$uiry shall( so far as #ay be( the sa#e as the procedure for #akin% in$uiry H deter#ination by the Co##ittee of any $uestion of breach of pri!ile%e of the 2ouse& The Co##ittee of )ri!ile%es while considerin% so#e petitions filed under the Tenth Schedule to the Constitution and the rules referred to the Co##ittee by the Speaker %a!e a !ery careful thou%ht to the true i#port of the ter# Ipreli#inary in$uiryJ& The Co##ittee ca#e to a conclusion that in such #atters( the Co##ittee are re$uired only to %i!e their findin%s on the facts of the case and it isn;t the Co##ittee;s re#it to decide $uestions of law and arri!e at conclusions on the #erits of the case and #ake reco##endations& +f the Speaker #akes a reference to Co##ittee of )ri!ile%es( he will proceed to deter#ine the $uestion as soon as #ay be after receipt of the report fro# the Co##ittee& =either Speaker nor Co##ittee co#e to any findin% that a #e#ber has beco#e subect to dis$ualification( without affordin% any reasonable opportunity to the #e#ber to represent his case and to be heard in person& After the conclusion of the consideration consideration of the petition( Speaker #ay order in writin% dis#iss the petition or declare that the #e#ber or #e#bers in relation to who# the petition has been #ade has has beco#e subect to dis$ualification under under the Tenth Schedule and cause copies of the order to be deli!ered or forwarded to the petitioner( the #e#ber in who.s relation the petition has been #ade and to the leader
of the le%islature party( if any( concerned& The order of the Speaker dis$ualifyin% the #e#ber is reproduced in :ulletin )art-++ and is also notified in "a7ette of +ndia( traordinary( )art-++( Section @ 4ii0& >here the Speaker declares that the #e#ber has beco#e subect to dis$ualification dis$ualification under the Tenth Schedule( he shall cease to be a #e#ber of the 2ouse with effect fro# the date of the order by the Speaker& The Speaker has the power to issue such directions as he #ay consider necessary in re%ard to the detailed workin% of the *e#bers of ,ok Sabha 4Dis$ualification on "round of Defection0 Rules( 1985& Who is the deciding authorit? authorit? The decision on $uestions as to dis$ualification on %round of defection are referred to the Chair#an or the Speaker of such 2ouse( and the decisions %i!en by hi# are final& All proceedin%s in relation to any $uestion on dis$ualification of a #e#ber of a 2ouse under this Schedule are dee#ed to be proceedin%s in )arlia#ent or in the ,e%islature of a state& =o court c ourt has any urisdiction& udicial inter#retation * ourts A $uestion was raised that whether whether the ri%ht to freedo# of speech and epression is curtailed by the Tenth Schedule( the Ape Court has laid down that IThe pro!isions do not sub!ert the the de#ocratic ri%hts of the elected #e#bers in )arlia#ent and state state le%islatures& +t does not e!en !iolate their conscience& The pro!isions do not !iolate any ri%ht or any freedo# under Articles 15 and 19E of the Constitution&J Constitution&J +n the the present case few #ore issues were raised that whether )ara H G of the / schedule are constitutional or notK The Supre#e Court has also epounded that that to the etent that the pro!isions %rant finality to the orders of the Speaker( the pro!ision is !alid& 2owe!er( 2i%h Courts H Supre#e Court can eercise power of udicial re!iew under under the Constitution& udicial Re!iew should not co!er any sta%e prior to the #akin% of a decision by the Speakers3 Chair#en& )ara G seeks to chan%e the operation and effect of Articles 1@( '' and ''G of the Constitution which %i!e the 2i%h Courts and Supre#e Court urisdiction in such cases& Any such pro!ision is re$uired to be ratified by state le%islatures as per Article @84'0& The para%raph was therefore held in!alid as it had not been ratified&
+n another case the issue was raised whether a #e#ber can be said to !oluntarily %i!e up his #e#bership of a party( if he oined another party after bein% epelled by his old political party( it was held by S&C& that IBnce a #e#ber is epelled( he is treated as an Lunattached; #e#ber in the house& 2owe!er( he continues to be a #e#ber of the old party as per the Tenth Schedule& So if he oins a new party after bein% epelled( it can be thus said that that he !oluntarily %a!e up #e#bership of old party&J +n a case it was asked whether a Speaker can re!iew his own decision to dis$ualify a #e#ber under the Tenth Schedule( it was held that The Speaker of a 2ouse does not ha!e the power to re!iew his own decisions to dis$ualify a candidate& Such power is not pro!ided for under the Schedule( and is not i#plicit in the pro!isions either& Two issues were raised that whether the Speaker of a le%islature is bound by the directions of a Court and >hether udicial re!iew by courts etends to rules fra#ed under the Tenth Schedule( it was held by the 2on;ble Ape Court that Ithe orders passed by a speaker are subect to udicial re!iew and rules under the Tenth Schedule are procedural in nature& Any !iolation of those would be a procedural irre%ularity& )rocedural irre%ularity is i##une fro# udicial scrutiny&J Supre#e Court in the case of a"endra ingh ana and 3rs& 4s& wa!i /rasad ,aura and 3rs& raised 3rs& raised a !ery i#portant issue re%ardin% that when can a court re!iew the Speaker;s decision #akin% process under the Tenth Schedule was answered by the( it was held that if the Speaker fails to act on a co#plaint( or accepts the clai#s of splits or #er%ers without #akin% a findin%( he fails to act as per the Tenth Schedule& The Court enunciated that i%norin% a petition for dis$ualification is not #erely an irre%ularity but it is also a !iolation of constitutional constitutional duties&
5iews of so!e o!!ittees on Anti-Defection Anti-Defection Law Dinesh 6oswa!i o!!ittee on electoral refor!s (10) Dis$ualification should also be li#ited to cases where 4a0 4a0 a #e#ber !oluntarily %i!es up the #e#bership of his political party( 4b0 a #e#ber abstains fro# !otin%( or he !otes contrary to the party whip in a #otion of !ote of confidence or #otion of noconfidence& The issue of dis$ualification should be decided by )resident3 "o!ernor on the ad!ice of the lection Co##ission&
Law o!!ission (170th e#ort8 1) )ro!isions which ee#pt splits and #er%ers fro# dis$ualification to be deleted& )re-poll electoral fronts should be treated as political parties under anti-defection law&)arties should thus li#it issuance of whips to instances only when the %o!ern#ent is in dan%er&
$lection o!!ission Decisions under the Tenth Schedule should be #ade by the )resident3 "o!ernor on the bindin% ad!ice of the lection Co##ission&
onstitution e4iew o!!ission (2002) Defectors #ust be barred fro# holdin% public office or any re#unerati!e political post for the duration of the re#ainin% ter#& The !ote cast by a defector to topple a %o!ern#ent should be treated as in :ar on urisdiction of Courts =otwithstandin% anythin% contained in the Constitution( no court has any urisdictionM in respect of any #atter #atter connected with the dis$ualification dis$ualification of a #e#ber of a 2ouse on %round of defection& ead the Anti Defection Law
Article 102 of onstitution of +ndia& +ndia& Disqualifications for !e!*ershi#& 410 A person shall be dis$ualified for bein% chosen as( and for bein%( a #e#ber of either 2ouse of )arlia#ent4a0 +f he holds any office of profit under the "o!ern#ent of +ndia or the "o!ern#ent of any State( other than an office declared by )arlia#ent by law not to dis$ualify its holder 4b0 +f he is of unsound #ind and stands so declared by a co#petent court 4c0 +f he is an undischar%ed insol!ent 4d0 +f he is not a citi7en of +ndia or has !oluntarily ac$uired the citi7enship of a forei%n State( or is under any acknowled%#ent of alle%iance or adherence to a forei%n State
4e0 +f he is so dis$ualified by or under any law #ade by )arlia#ent& 1
Nplanation& ?or the purposes of this clauseO a person shall not be dee#ed to hold
an office of profit under the "o!ern#ent of +ndia or the "o!ern#ent of any State by reason only that he is a *inister either for the nion or for such State& 2
N4'0 A person shall be dis$ualified for bein% a #e#ber of either 2ouse of )arlia#ent
if he is so dis$ualified under the Tenth Schedule&O 1& u*s& * the onstitution (9ift-second A!end!ent) Act8 1:;8 s& < for =(2) 9or the #ur#oses of this article> (w&e&f& 1-<-1:;)& 2& +ns& * s& <8 i*id& (w&e&f& 1-<-1:;)&
Article 11 of onstitution of +ndia& +ndia& Disqualifications for !e!*ershi#& 410 A person shall be dis$ualifed for bein% chosen as( and for bein%( a #e#ber of the ,e%islati!e Asse#bly or ,e%islati!e Council of a State4a0 +f he holds any office of profit under the "o!ern#ent of +ndia or the "o!ern#ent of any State specified in the ?irst Schedule( other than an office declared by the ,e%islature of the State by law not to dis$ualify its holder 4b0 +f he is of unsound #ind and stands so declared by a co#petent court 4c0 +f he is an undischar%ed insol!ent 4d0 +f he is not a citi7en of +ndia( or has !oluntarily ac$uired the citi7enship of a forei%n State( or is under any acknowled%#ent of alle%iance or adherence to a forei%n State 4e0 +f he is so dis$ualified by or under any law #ade by )arlia#ent& 1
Nplanation&- ?or the purposes of this clauseO( a person shall not be dee#ed to hold
an office of profit under the "o!ern#ent of +ndia or the "o!ern#ent of any State specified in the ?irst Schedule by reason only that he is a *inister either for the nion or for such State& 2
N4'0 A person shall be dis$ualified for bein% a #e#ber of the ,e%islati!e Asse#bly or
,e%islati!e Council of a State if he is so dis$ualified under the Tenth Schedule&O
1& u*s& * the onstitution (9ift-second A!end!ent) Act8 1:;8 s& ;8 for =(2) 9or the #ur#oses of this article> (w&e&f& 1-<-1:;)& 2& +ns& * s& ;8 the onstitution (9ift-second A!end!ent) Act8 1:; (w&e&f& 1-<-1:;)&
$.@ @$DL$ 1
NT=T2 SC2D,
NArticles 1'4'0 and 1914'0O )ro!isions as to dis$ualification on %round of defection 1& +nter#retation&P+n +nter#retation&P+n this Schedule( unless the contet otherwise re$uires(P 4a0 L2ouse; #eans either 2ouse of )arlia#ent or the ,e%islati!e Asse#bly or( as the case #ay be( either 2ouse of the ,e%islature of a State 4b0 Lle%islature party;( in relation to a #e#ber of a 2ouse belon%in% to any political party in accordance with the pro!isions of para%raph ' or 2NMMMO para%raph E( #eans the %roup consistin% of all the #e#bers of that 2ouse for the ti#e bein% belon%in% to that political party in accordance with the said pro!isions 4c0 Lori%inal political party;( in relation to a #e#ber of a 2ouse( #eans the political party to which he belon%s for the purposes of sub-para%raph 410 of para%raph ' 4d0 Lpara%raph; #eans a para%raph of this Schedule& 2& Disqualification on ground of defection&P410 defection &P410 Subect to the pro!isions of
condoned by such political party( person or authority within fifteen days fro# the date of such !otin% or abstention& planation&P?or the purposes of this sub-para%raph(P 4a0 an elected #e#ber of a 2ouse shall be dee#ed to belon% to the political party( if any( by which he was set up as a candidate for election as such #e#ber 4b0 a no#inated #e#ber of a 2ouse shall(P 4i0 where he is a #e#ber of any political party on the date of his no#ination as such #e#ber( be dee#ed to belon% to such political party 4ii0 in any other case( be dee#ed to belon% to the political party of which he beco#es( or( as the case #ay be( first beco#es( a #e#ber before the epiry of si #onths fro# the date on which he takes his seat after co#plyin% with the re$uire#ents of article 99 or( as the case #ay be( article 188& 4'0 An elected #e#ber of a 2ouse who has been elected as such otherwise than as a candidate set up by any political party shall be dis$ualified for bein% a #e#ber of the 2ouse if he oins any political party after such election& 4@0 A no#inated #e#ber of a 2ouse shall be dis$ualified for bein% a #e#ber of the 2ouse if he oins any political party after the epiry of si #onths fro# the date on which he takes his seat after co#plyin% with with the re$uire#ents of article 99 or( as the case #ay be( article 188& 4E0 =otwithstandin% anythin% contained in the fore%oin% pro!isions of this para%raph( a person who( on the co##ence#ent of the Constitution 4?ifty-second A#end#ent0 Act( 1985( is a #e#ber of a 2ouse 4whether 4whether elected or no#inated as such0 shall(P 4i0 where he was a #e#ber of political party i##ediately before such co##ence#ent( be dee#ed( for the purposes of sub-para%raph 410 of this para%raph( to ha!e been elected as a #e#ber of such 2ouse as a candidate set up by such political party 4ii0 in any other case( be dee#ed to be an elected #e#ber of the 2ouse who has been elected as such otherwise than as a candidate set up by any political party for the purposes of sub-para%raph 4'0 of this para%raph or( as the case #ay be( dee#ed to be
a no#inated #e#ber of the 2ouse for the purposes of sub-para%raph 4@0 of this para%raph&
NMMMO
& Disqualification on ground of defection not to a##l in case of !erger& P410 A #e#ber of a 2ouse shall not be dis$ualified under sub-para%raph 410 of para%raph ' where his ori%inal political party #er%es with another political party and he clai#s that he and any other #e#bers of his ori%inal political partyP 4a0 ha!e beco#e #e#bers of such other political party or( as the case #ay be( of a new political party for#ed by such #er%er or 4b0 ha!e not accepted the #er%er and opted to function as a separate %roup( and fro# the ti#e of such #er%er( such other political party or new political party or %roup( as the case #ay be( shall be dee#ed to be the political party to which he belon%s for the purposes of sub-para%raph 410 of para%raph ' and to to be his ori%inal political party for the purposes of this sub-para%raph& 4'0 ?or the purposes of sub-para%raph 410 of this para%raph( the #er%er of the ori%inal political party of a #e#ber of a 2ouse shall be dee#ed to ha!e taken place if( and only if( not less than two-thirds of the #e#bers of the le%islature party concerned ha!e a%reed to such #er%er& ;& $%e!#tion&P=otwithstandin% $%e!#tion&P=otwithstandin% anythin% contained in this Schedule( a person who has been elected to the office of the Speaker or the Deputy Speaker of the the 2ouse of the )eople or the Deputy Chair#an of the Council of States or the Chair#an or the Deputy Chair#an of the ,e%islati!e Council of a State or the Speaker or the Deputy Speaker of the ,e%islati!e Asse#bly of a State( shall not be dis$ualified under this Schedule(P 4a0 if he( by reason of his election to such office( !oluntarily %i!es up the #e#bership of the political party to which he belon%ed i##ediately before such election and does not( so lon% as he continues to hold such office thereafter( reoin that political party or beco#e a #e#ber of another political party or 4b0 if he( ha!in% %i!en up by reason of his election to such office his #e#bership of the political party to which he belon%ed i##ediately before such election( reoins such political party after he ceases to hold such office&
B& Decision on questions as to disqualification on ground of defection&P defection&P 410 +f any $uestion arises as to whether a #e#ber of a 2ouse has beco#e subect to dis$ualification under this Schedule( the $uestion shall be referred for the decision of the Chair#an or( as the case #ay be( the Speaker of such 2ouse and his decision shall be final6 )ro!ided that where the $uestion which has arisen is as to whether the Chair#an or the Speaker of a 2ouse 2 ouse has beco#e subect to such dis$ualification( the $uestion shall be referred for the decision of such #e#ber of the 2ouse as the 2ouse #ay elect in this behalf and his decision shall be final& 4'0 All proceedin%s under sub-para%raph 410 of this para%raph in relation to any $uestion as to dis$ualification of a #e#ber of a 2ouse under this Schedule shall be dee#ed to be proceedin%s in )arlia#ent within the #eanin% of article 1'' or( as the case #ay be( proceedin%s in the ,e%islature of a State within the #eanin% of article '1'& C
7& ar of "urisdiction of courts&P=otwithstandin% courts& P=otwithstandin% anythin% in this Constitution(
no court shall ha!e any urisdiction in respect of any #atter connected with the dis$ualification of a #e#ber of a 2ouse under this Schedule& :& ules&E410 ules&E410 Subect to the pro!isions of sub-para%raph 4'0 of this para%raph( the Chair#an or the Speaker of a 2ouse #ay #ake rules for %i!in% effect to the pro!isions of this Schedule( and in particular( and without preudice to the %enerality of the fore%oin%( such rules #ay pro!ide forP 4a0 the #aintenance of re%isters or other records as to the political parties if any( to which different #e#bers of the 2ouse belon% 4b0 the report which the leader of a le%islature party in relation to a #e#ber of a 2ouse shall furnish with re%ard to any condonation of the nature referred to in clause 4b0 of sub-para%raph 410 of para%raph ' in respect of such #e#ber( the ti#e within which and the authority authority to who# such report shall be furnished 4c0 the reports which a political party shall furnish with re%ard to ad#ission to such political party of any #e#bers of the 2ouse and the officer of the 2ouse to who# such reports shall be furnished and
4d0 the procedure for decidin% any $uestion referred to in sub-para%raph 410 of para%raph includin% the procedure for any in$uiry which #ay be #ade for the purpose of decidin% such $uestion& 4'0 The rules #ade by the Chair#an or the Speaker of a 2ouse under sub-para%raph 410 of this para%raph shall be laid as soon as #ay be after they are #ade before the 2ouse for a total period of thirty days which #ay be co#prised in one session or in two or #ore successi!e sessions and shall take effect upon the epiry of the said period of thirty days unless they are sooner appro!ed with or without #odifications or disappro!ed by the 2ouse and where they are so appro!ed( they shall take effect on such appro!al in the for# in which they were laid or in such #odified for#( as the case #ay be( and where they are so disappro!ed( they shall be of no effect& 4@0 The Chair#an or the Speaker of a 2ouse #ay( without preudice to the pro!isions of article 15 or( as the case #ay be( article 19E( and to any other power which he #ay ha!e under this Constitution direct that any wilful contra!ention by any person of the rules #ade under this para%raph #ay be dealt with in the sa#e #anner as a breach of pri!ile%e of the 2ouse&O PPPPPPPPPP1& Added * the onstitution onstitution (9ift-second A!end!ent) Act8 1:;8 sec& B (w&e&f& 1-<-1:;)& 2& he words =#aragra#h <8 or as the case !a *e> o!itted * the onstitution (.inet-first A!end!ent) Act8 200<8 sec& ;(a) (w&e&f& 1-1200)& <& u*s& * the onstitution (.inet-first A!end!ent) Act8 200<8 sec& ;(*)8 for =#aragra#hs <8 and ;> (w&e&f& 1-1-200)& & /aragra#h < o!itted * the onstitution (.inet-first A!end!ent) Act8 200<8 sec& ;(c) (w&e&f& (w&e&f& 1-1-200)& /rior to o!ission #aragra#h < stood stood as under @& Dis$ualification on %round of defection not to apply in case of split&P>here a #e#ber of a 2ouse #akes a clai# that he and any other #e#bers of his le%islature party constitute the %roup representin% a faction which has arisen as a result of a split in his ori%inal political party and such %roup consists of not less than one third of the #e#bers of such le%islature party(P
4a0 he shall not be dis$ualified under sub-para%raph 410 of para%raph ' on the %round P 4i0 that he has !oluntarily %i!en up his #e#bership of his ori%inal political party or 4ii0 that he has !oted or abstained fro# !otin% in such 2ouse contrary to any direction issued by such party or by any person or authority authorised by it in that behalf without obtainin% obtainin% the prior per#ission of such party( person or authority authority and such !otin% or abstention has not been condoned by such party( person or authority within fifteen days fro# the the date of such !otin% or abstention and 4b0 fro# the ti#e of such split( such faction shall be dee#ed to be the political party to which he belon%s for the purposes of sub-para%raph 410 of para%raph ' and to be his ori%inal political party for the purposes of this para%raph& C /aragra#h 7 declared in4alid for want of ratification in accordance with the #ro4iso to clause (2) of article
