Junior Science refresher Published this article page no 147 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. o If a person is elected as the speaker of Lok Sabha or the Chairman of Rajya Sabha then he could resign from his party and rejoin the party once he demits that post. o It must be noted here that the provision of the Tenth Schedule pertaining to exemption from disqualification in case of split by onethird members of legislature party has been deleted by the 91st Amendment Act of 2003. 10Deciding authority Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House.Rulemaking power The presiding officer of a House is empowered to make rules to give effect to the provisions of the Tenth Schedule. What is the need for an antidefection law? Political stability It provides for greater stability in the body politic by checking the propensity of legislators to change parties. Uncontrolled HorseTrading and corruption negatively influences the working of the legislature and executive and ultimately affects the progress of the country as a whole. o Considering nascent nature of our democracy and the political defections indiscriminately taking place in India the antidefection law is an inevitability to ensure smooth functioning of parliamentary system Junior Science refresher buy.
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