Independent and nominated members under anti-defection law
Topic: Political Parties, Party Systems and Anti-defection · NCERT: Beyond NCERT
Meaning
The Tenth Schedule has special rules for members who were not elected on a party ticket.
- Independent member (paragraph 2(2)): an independent who joins any political party after the election loses their seat.
- Nominated member (paragraph 2(3)): a nominated member, one appointed rather than elected, may join a party within six months of taking their seat. If they join one after six months, they are disqualified.
These rules stop members from using their independent status to make deals later.
Example
Suppose an independent MLA joins the ruling party halfway through the term. Under paragraph 2(2), that MLA is disqualified. A nominated Rajya Sabha member who joins a party in the fourth month is safe, but one who joins in the eighth month is disqualified.
Don't confuse with
- Party member defecting under paragraph 2(1): a member elected on a party ticket is disqualified for voluntarily leaving the party or for defying its whip.
Related concepts
- Defection
- 52nd Constitutional Amendment Act 1985
- Anti-defection law
- Party whip
- Legislature party
- Ravi S. Naik case
- Presiding officer's exemption