Important for UPSC Prelims – Indian Polity
Anti-Defection Law (What is it?)
- The Anti-Defection Law is contained in the Tenth Schedule of the Constitution, inserted by the 52nd Constitutional Amendment Act, 1985.
- It aims to prevent unprincipled political defections, ensure stability of elected governments, and uphold the sanctity of the electoral mandate.
Grounds for Disqualification (When does it apply?)
1. Voluntarily Giving Up Party Membership
- A legislator is liable for disqualification if he or she voluntarily gives up the membership of the political party on whose ticket they were elected.
- Formal resignation is not mandatory; conduct indicating abandonment of party affiliation may also attract disqualification.
2. Violation of the Party Whip
- A legislator can be disqualified if he or she votes or abstains contrary to the party whip without prior permission.
- The political party may condone such action within 15 days, failing which disqualification proceedings may follow.
3. Independent Members
- An Independent Member loses membership if he or she joins any political party after the election.
4. Nominated Members
- A nominated member may join a political party within six months of taking oath.
- Joining any political party after six months attracts disqualification.
Key Constitutional Features (How does it work?)
- Speaker (Legislative Assembly) or Chairman (Rajya Sabha/Legislative Council) decides disqualification petitions under the Tenth Schedule.
- Their decisions are subject to judicial review.
- Disqualification does not apply in case of a merger supported by at least two-thirds of the members of a legislative party.
Related Constitutional Provisions
1. 52nd Constitutional Amendment Act, 1985
- Introduced the Anti-Defection Law by inserting the Tenth Schedule into the Constitution.
- Enacted to curb the practice of “Aya Ram, Gaya Ram” and promote political stability.
2. 91st Constitutional Amendment Act, 2003
- Strengthened the Anti-Defection Law by removing protection for one-third splits.
- Retained the two-thirds merger provision and limited the size of the Council of Ministers.
3. Constitutional Articles
- Article 102(2): Disqualification of Members of Parliament under the Tenth Schedule.
- Article 191(2): Disqualification of Members of State Legislatures under the Tenth Schedule.
Important Supreme Court Judgments
1. Kihoto Hollohan v. Zachillhu (1992)
- Upheld the constitutional validity of the Anti-Defection Law.
- Held that the Speaker’s decision is subject to judicial review.
2. Nabam Rebia v. Deputy Speaker (2016)
- Held that the Speaker cannot decide disqualification petitions while a motion for his removal is pending.
3. Keisham Meghachandra Singh v. Speaker (2020)
- Recommended that disqualification petitions should ordinarily be decided within three months.
Conclusion
The Anti-Defection Law remains a cornerstone of India’s parliamentary democracy by balancing political stability with democratic accountability. Strengthening its implementation through institutional reforms and constitutional ethics will help preserve the sanctity of the people’s mandate and deepen democratic governance.