SIMPLIFIER: ANTI-DEFECTION LAW

Jun 11, 2024

SIMPLIFIER: ANTI-DEFECTION LAW - MERGERS

ANTI-DEFECTION LAW: RULES 4 AND 5 OF THE TENTH SCHEDULE

Q: What is Rule 4 of the Tenth Schedule?

A: Rule 4 provides conditions under which members of a legislative house are exempted from disqualification if their original political party merges with another party. It allows members to either join the new party created from the merger or continue as a separate group without facing disqualification due to defection.

Q: What does it mean for a member to be exempt from disqualification?

A: It means that a member will not lose their seat in the legislature for reasons that would normally constitute defection, such as voluntarily giving up the membership of their original political party or failing to adhere to the party’s stance in the house's proceedings.

Q: Under Rule 4, when is a political party merger considered valid?

A: A merger is considered valid if not less than two-thirds of the members of the legislative party agree to the merger. This supermajority requirement ensures that the merger is a significant decision supported by the majority of the party members.

Q: What is Rule 5 of the Tenth Schedule?

A: Rule 5 further explains the exemptions from disqualification by detailing two scenarios post-merger: - Scenario

a: Members who become part of the new political party formed by the merger are exempted from disqualification. - Scenario
b: Members who do not accept the merger and choose to function as a separate group are also exempted from disqualification.

Q: Can a member choose not to join the new party formed by the merger?

A: Yes, according to Rule 5(b), a member can choose not to join the new merged party and can opt to function as a separate group without facing disqualification.

Q: What happens if less than two-thirds of the members agree to the merger?

A: If the agreement to the merger falls short of the two-thirds requirement, the merger is not considered valid, and members who align with the merged entity could face disqualification under the anti-defection law.

SUMMARY TABLE

Rule	Description	Exemption Conditions
4	Exemption for Members during Party Merger	A member of the House shall not be disqualified where his original political party merges with another political party, and he and any other member of his political party: (a) Have become members of the other political party, or of a new political party formed by such merger; (b) Have not accepted the merger and opted to function as a separate group.
5	Determining a Legitimate Merger	For the purposes of sub-paragraph (a) of Rule 4, the merger of the original political party of a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger.

This table presents the rules regarding exemptions from disqualification under the Tenth Schedule, including all details as per the wording provided.

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