Framed under 10th Schedule of Constitution of India
Excelsior Correspondent
JAMMU, Oct 31: The Legislative Assembly Secretary today tabled the Members of Jammu and Kashmir Legislative Assembly (Disqualification on Ground of Defection) Rules, 2025 in the House.
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New Rules were necessitated as earlier the Anti-Defection Rules had been framed as per the Constitution of Jammu and Kashmir. However, with August 5, 2019 changes, the Constitution of India became applicable in the Union Territory of Jammu and Kashmir.
The Anti-Defection Rules under 10th Schedule of the Constitution of India have been framed and were tabled in the House today after approval by Assembly Speaker Abdul Rahim Rather.
The 10th Schedule of the Indian Constitution deals with the Anti-Defection Law, which provides for the disqualification of legislators who defect from one political party to another.
An MLA can be disqualified if he/she voluntarily gives up party membership or vote/abstain from voting against the party’s whip without prior permission. The law is intended to prevent political defections for a variety of reasons.
The Speaker Assembly has the powers to decide on disqualification based on a petition filed by another member of the House.
“The Speaker may, from time to time, issue such directions, as he may consider necessary in regard to detailed working of these Rules,’’ the document tabled in the House on last day of the autumn session, said.
It said every decision declaring a member to have become subject to disqualification under the Tenth Schedule shall be reported to the House forthwith if it is in the session. However, if the Legislature is not in the session, it will be reported immediately after it reassembles.
It added that every decision will be forwarded by the Secretary to the Election Commission of India and the Government of Jammu and Kashmir.
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