Polity Notes - 7
Anti-defection law Applicable to members of Lok Sabha + Rajya Sabha +MLA+ MLCs and not local bodies.
ADL is applicable in case of party split but not in case of merger of one political party with other. Decision related to disqualification under ADL is taken by presiding officer of that house.
Disqualification in all other matters except under 10th schedule (disqualification) is decided by President and he is bound to act on the advice of Election commission. Member disqualified under ADL shall also be disqualified to be appointed as a minister or
hold any remunerative post under Government.
ADL does not apply in case of Rajya sabha/Legislative council voting. So a member is free to vote for the candidate of his liking which may go against directive issued by his party. Independent member will get disqualified if he happens to join any political party after getting elected. ADL has no automatic and immediate effect; disqualification can only happen if presiding
officer decide so.
Presidi…
