TMC in political crisis.

Mamata Banerjee led TMC is in political crisis, 20 out of 28 MPs decided to switch to BJP, a month after regime change in West Bengal where BJP gets landslide victory over TMC and formed government.

Here question is how elected MPs or MLAs decide to change party?; from where they get rights and excercise power?; and what can Mamata do in this situation?, is yet to see.

Hii my name is Krishna Mohan and you are on my official website where you feel free to read my opinions, articles and redressing much awaited your queries.

Look! The cases of frequent changes of political parties for elected MPs or MLAs were very common and on high before 1985. Because we didn't have any legislation to restrain it. Our parliamentarians were facing political crisis and horse trading which was on fashion. But soon after the enactment of 52nd Constitutional amendment act 1985, the practice ended. This law is known as Anti defection law, which is enshrined in the Tenth schedule of the Indian Constitution.

How does it work?

If an elected MPs or MLAs acts against the Anti defection law he or she will be disqualified. Here are some points to remember elected members.

1. If elected MPs or MLAs voluntarily resign from the party.

2. If an elected MPs or MLAs vote against the party whip.

3. If an independent elected MPs or MLAs joins political party.

4. If a nominated member join the party.

Who decides for disqualification?

Speaker of the loksabha for MPs or speaker in the state assembly for MLAs. The decision of disqualification can be challenged in the court.

Exception 

1. If two-third members of a party switch to another party then they will not be disqualified.  

2. If a member becomes speaker,  then he or she will not be disqualified.