shine india monthly magazine Published this article About Antidefection Law The Tenth Schedule (added by 52nd Constitutional Amendment Act) contains the following provisions with respect to the disqualification of members of Parliament and the state legislatures on the ground of defection. Disqualification A member of a House belonging to any political party becomes disqualified for being a member of the House if o He voluntarily gives up his membership of such political party or o He votes or abstains from voting in such House contrary to any direction issued by his political party without obtaining prior permission of such party and such act has not been condoned by the party within 15 days. An independent member of a House becomes disqualified to remain a member of the House if he joins any political party after such election. A nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat in the House. Published this article Exceptions Legislators may change their party without the risk of disqualification in certain circumstances. o The law allows a party to merge with or into another party provided that at least twothirds of its legislators are in favour of the merger shine india monthly magazine subscription.
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