Consider the following state- ments : 1. The anti-defection law bans an elected member from voting against the explicit mandate of his/her party. 2. The anti-defection provi- sions do not apply if one- third of the members of a party disobey the mandate of the party and constitute themselves as a separate party. Which of the statements given above is/ are correct ?

Statement 1 is correct as the Tenth Schedule of the Constitution (Anti-Defection Law) stipulates that a member of a House is disqualified if they vote or abstain from voting contrary to any direction issued by their political party without prior permission [2]. This is often referred to as violating the party whip or mandate. Statement 2 is incorrect because the original provision in the Tenth Schedule that exempted a 'split' (where one-third of the legislature party members defected) was deleted by the 91st Constitutional Amendment Act of 2003 [1]. Currently, the law only recognizes a merger if at least two-thirds of the members of a legislature party agree to it [2]. Consequently, a one-third split no longer provides protection from disqualification under the current legal framework [1].

Sources

1. [2] https://www.mea.gov.in/Images/pdf1/S10.pdf
2. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > III Disqualification > p. 598