Assistant Professor at Asian Law College, Noida, India
The Constitution (Fifty-second Amendment) Act, 1985, popularly known as the anti-defection law, came into force in March 1985. Anti-defection law is provided to curb all those evils affecting our free democratic setup. Politicians make promises but never fulfil them; they work on filling their pockets and making the life of people miserable. The aim of anti-defection law is to set a free democratic setup which shall be free from every kind of evil. Political parties are not allowed to do whatever they want. No member of a political party is allowed to leave the seat whenever they want without any kind of prior permission or notice on lame grounds and join another party. This law was passed soon after Lt. Shri. Rajiv Gandhi became the Prime Minister of the country with a massive mandate. This law would not have been passed if there had been no Rajiv Gandhi and his government with an unparalleled massive majority. In the Research paper, Anti Defection Law and its importance are discussed. The loopholes of the law when it came into force, the process of disqualification on various Grounds, the Indian case laws in which Disqualification happened are also discussed the present paper.
Research Paper
International Journal of Law Management and Humanities, Volume 5, Issue 5, Page 808 - 817
DOI: https://doij.org/10.10000/IJLMH.113617This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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