Maharashtra political crisis and anti-defection law

Tags: Popular State News

The anti-defection law has once again come into the limelight after 34 MLAs wrote to the Maharashtra Governor promising their support to Shiv Sena's 'rebel' MLA Eknath Shinde.

• Some MLAs have formed an alliance with the rebel party leader and are camping in Guwahati.

• The party has warned its MLAs that their absence from the meeting would lead to speculation that they want to leave the political party.

• Therefore, action will be taken against them under the Anti-Defection Act.

• What is the Anti-Defection Law?

• The Tenth Schedule, popularly known as the Anti-Defection Act, was included in the Constitution via the 52nd Amendment Act, 1985.

• It lays down provisions for disqualification of elected members on the ground of defection to any other political party.

• The anti-defection law provides for the disqualification of legislators who, after being elected on a political party ticket, "voluntarily give up their party membership".

• This law also applies to independent MLAs.

• But this law does not apply when the number of legislators leaving a political party is two-thirds of the party's strength in the legislature.

• These MLAs can merge with another party.

• Rule of two thirds in Maharashtra

• According to reports, 30 MLAs are with the rebel leader.

• Shiv Sena has 55 MLAs in the Maharashtra Assembly, if the rebel MLAs want to merge, then two-thirds of the 55 i.e. 37 MLAs will have to go to another party together.

• If this happens then there will be no constitutional action against those MLAs.

• But if this does not happen, then action can be taken against these MLAs under the anti-defection law.