The 91st Amendment Act of 2003 is an important constitutional amendment in India that introduced significant changes to the Tenth Schedule of the Constitution, also known as the Anti-Defection Law.
1. Background and Purpose:
- The 91st Amendment Act was enacted to address certain loopholes and deficiencies in the Anti-Defection Law, which had emerged since its inception in 1985.
- One of the primary objectives of the amendment was to prevent political defections and ensure greater stability in governments and legislative bodies.
2. Key Provisions of the 91st Amendment Act:
a. Disqualification of Defectors:
- The amendment extended the provisions of the Anti-Defection Law to cases where a member of a political party voluntarily resigns from their party or disobeys the party whip.
- It clarified that a member who resigns from their party or defies the party whip would attract disqualification under the Tenth Schedule.
b. Disqualification of Defectors on Ground of Split:
- The 91st Amendment Act introduced a new provision allowing for the disqualification of members in case of a split within a political party.
- If a group of members of a political party decides to form a new political party or merge with another party, they may be disqualified if certain conditions are not met.
3. Example Illustrating the Impact of the 91st Amendment Act:
Suppose there is a political party, “XYZ Party,” with a significant number of members in a legislative body. Due to internal disagreements over leadership issues, a faction within the XYZ Party decides to split and form a new political party called the “ABC Party.” As a result of this split, several members of the XYZ Party resign from their membership and join the ABC Party.
In this scenario:
- The 91st Amendment Act empowers the Speaker/Chairman of the legislative body to disqualify the members who resigned from the XYZ Party and joined the ABC Party.
- These members would be subject to disqualification under the provisions of the Anti-Defection Law as amended by the 91st Amendment Act.
- The disqualification would ensure that the stability of the legislative body is not compromised by frequent defections and party splits.
Conclusion:
The 91st Amendment Act of 2003 strengthened the provisions of the Anti-Defection Law by extending disqualification to cases of voluntary resignation, disobedience of party whip, and party splits. By addressing loopholes and enhancing the deterrent against political defections, the amendment aimed to promote party discipline, ensure stability in governments, and uphold the integrity of the democratic process in India.
