Defection - Definition - Law Dictionary Home Dictionary Definition defection

Definition :

Defection, entails disqualification of a member of an Indian Legislature, Constitution of India, Art. 102, 10th Sch.

Disqualification, does not apply in case of a merger of his party with another political party but not in case of a split in the original party, Constitution of India, 10th Sch., paras 4 & 5.

Speaker, Deputy Speaker of Lok Sabha, Chairman, Deputy Chairman of Rajya Sabha, Speaker and Deputy Speaker of a State Legislative Assembly and Chairman and Deputy Chairman of Legislative councils of State are exempted from disqualification as long as he holds that office and does not join any other party, Law of Elections, P.D.T. Achary, 2004, p. 190.

Decision on questions, as to disqualification on ground of defection shall be of the Speaker of the Chairman, as the case may be, of the House to which the member belongs, the question of disqualification of the Speaker or the Chairman shall be decided by a member to be elected by that House, no Court has any jurisdiction in the matter of disqualification of a member on the ground of defection, Constitution of India, 10th Sch., para 6.