The Anti-Defection Law, which is detailed in the Tenth Schedule of the Constitution of India, was introduced by the 52nd Amendment Act of 1985 to address the issue of political instability caused by elected members switching political parties after an election. The law is intended to curb “defection” (the act of an elected representative leaving the party on whose ticket they were elected, often to join another party or pursue personal interests). The law aims to maintain the stability of the Indian democracy and ensure that elected representatives remain loyal to the parties and mandates they stood for during elections.

 Key Provisions of the Anti-Defection Law (Tenth Schedule)

1. Defection (Grounds for Disqualification)

– Member Voluntarily Leaving Party (Article 2): If an elected member voluntarily leaves the political party on which they were elected or joins another party, they are disqualified.

– Vote Against Party Whip (Article 2): A member who votes against the party’s direction or whip in the legislature may also be disqualified. A whip is an order issued by the party leadership instructing its members on how to vote on a particular issue.

– Cross-Voting or Defection to Another Party: If a member of Parliament (MP) or a Member of the Legislative Assembly (MLA) defects or joins another political party, they can be disqualified.

2. Exceptions

– Independent Candidates: Independent members of the legislature who join a political party after being elected are not disqualified, provided they have not already joined a party before the election.

– Merger of Parties (Article 4): A defection does not apply if there is a merger of two or more parties, provided that two-thirds of the members of the original party join the new party after the merger.

3. Disqualification Procedure

– The Chairman or the Speaker of the respective House (Lok Sabha or Rajya Sabha, or State Legislative Assembly) is responsible for deciding whether a member should be disqualified for defection.

– The decision of the Speaker or Chairman is final, though it can be challenged in the courts.

4. Anti-Defection Law and Nominated Members

– Nominated members (those not directly elected, such as those nominated to the Rajya Sabha by the President) are exempt from the provisions of the Anti-Defection Law, meaning they cannot be disqualified for defecting.

5. Exceptions for Ministers

– Ministers who voluntarily defect from a party may still remain in the government unless they are removed by the party leadership.