ANTI - DEFECTION LAW
ANTI - DEFECTION LAW had come in 1985 through the 52nd Constitutional amendment act.
And 10th Schedule was added in the Constitution. The 10th Schedule is dealing with the ANTI - DEFECTION. That means the legislature can be disqualified on the ground of Defection.
But right now the PIL filed into SUPREME COURT against the anti-defection law because there is a loophole in the anti-defection law.
Example- The normal period of an MP and MLA is 5 year if the MP and MLA found the guilty under the anti-defection law prior the completion of the 5 year. he/she would resign from the office but he/she can able to contest the new election and go through the remaining period of the term. that is the main loophole under this law. So the PIL has been filed against this law that this should be changed. that means after found the guilty the whole period of the an MP and MLA should be freeze.
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