Anti defection Law

Thought for the day

Remind yourself that it’s okay not to be perfect

Vitamin K

Laws | Act # 18 | The Anti-defection Act (10th Schedule to constitution)

Can 30 MLA’s of Bihar assembly decides to form a separate group (break-away from JDU) and then support BJP led government?

  •  The Anti-Defection Act (the tenth schedule of Constitution) 1985, as amended in 2003 restricts the defection of MLA’s from the party they have originally chosen to the assembly. If any MLA or a group of MLA’s defect the original party, they will be disqualified.
  • However, this rule has an exception. Suppose, two-thirds (2/3rd) of the members of a party agrees to form a separate group or merger with any other party, then such break-away is valid and it won’t attract disqualification under anti-defection law.
  • So, in the case of Bihar, if 76 MLA (out of 115 MLAs) of JDU breaks away, then they can form a separate group or merge with BJP.

Plus Point

News: “Amit Shah, Man Friday of Modi accomplished the task at UP

  •  Friday is a fiction character of a novel “Robinson Crusoe” written by Daniel Defoe in 1719
  • In this novel, the hero used to call his confident, loyal assistant (or servant) as ‘Man Friday’
  • Why not Man Saturday? Friday was the day of the week on which they first met.
  • Man Friday later became an idiom to describe a faithful right-hand man. The female equivalent is Girl Friday.

News: UPA was riding high on anti-incumbency wave

  •  The incumbent is the party or the person holding office; in our case, it is UPA
  • The anti-incumbency means the discontent of the people towards sitting party or the party holding office; thus the people voted in favour of NDA
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About B E Kumar Prasad

B E Kumar Prasad
He is a Practicing Chartered Accountant in Bengaluru, India. He has 28+ years of experience in income tax, business setup, and NRI matters. He is also an Insolvency Professional, Registered Valuer (F&SA) and Social Auditor.Prasad welcomes your comments and questions. Please email him at simplifiedlaws20@gmail.com

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