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A per the Anti-Defection Law the final authority to decide on a member‘s disqualification from the House is:
President
Governor
Speaker of the House
Council of Ministers
After enactment, some legislators and parties exploited loopholes in the law. There was evidence that the law did not fulfill the purpose of bringing a halt to political defection, and in fact legitimised mass defection by exempting from its provisions acts that it termed splits. For example, in 1990, Chandra Shekhar and 61 other parliamentarians did not receive penalties when they simultaneously changed allegiance. The Speaker of the Lok Sabha did not allow the defecting members of the breakaway faction of Janata Dal to explain their point of view.Another aspect of the law which was criticised was the role of the Speaker in deciding the cases arising out of political defections. Impartiality of the Speakers of various houses was questioned in regard to granting official recognition to different factions of political parties. Questions were raised about the nonpartisan role of the Speaker due to his/her political background with the party from which he/she was elected as the Speaker. In 1991, Janata Dal (S) was accused of undermining the spirit of the anti-defection law by keeping defecting members in ministerial posts. Later, all the opposition members of the house submitted an affidavit to the President of India, appealing to him to dismiss the ministers. Finally, responding to pressure to save the fallen dignity of the Speaker and of the House, the Prime Minister discharged the defecting members from their ministerial posts.
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