What is anti defection law?

The Anti-Defection Law in India, officially the Tenth Schedule of the Indian Constitution, was enacted in 1985 to combat political defections. It aims to prevent legislators from switching parties after being elected, thereby stabilizing governments.

• Grounds for Disqualification: A member of Parliament or a state legislature can be disqualified on the following grounds:

  • If they voluntarily give up their membership of their political party. (https://www.wikiwhat.page/kavramlar/Voluntarily%20Giving%20Up%20Membership)
  • If they vote or abstain from voting in the legislature contrary to any direction issued by their political party, without obtaining prior permission.
  • If an independent candidate joins a political party after the election.
  • If a nominated member joins a political party after the expiry of six months from the date on which they take their seat in the House.

• Exception: The law originally allowed for an exception in case of a "split" in a political party, where if at least one-third of the members of the party defected, they would not be disqualified. However, the 91st Amendment Act of 2003 removed this exception and instead introduced the concept of "merger".

  • Merger: Now, disqualification does not apply if a political party merges with another political party and at least two-thirds of the members of the legislature party agree to the merger. (https://www.wikiwhat.page/kavramlar/Merger%20of%20Political%20Party)

• Decision-Making Authority: The presiding officer of the legislature (Speaker or Chairman) has the authority to decide on questions of disqualification. (https://www.wikiwhat.page/kavramlar/Authority%20of%20Presiding%20Officer)

• Judicial Review: Initially, the Speaker's decision was final and not subject to judicial review. However, the Supreme Court, in the Kihoto Hollohan case (1992), held that the Speaker's decision is subject to judicial review.

• Criticisms: The anti-defection law has been criticized for:

  • Restricting the freedom of speech and expression of legislators.
  • Weakening parliamentary democracy by forcing legislators to follow party lines.
  • Not addressing the root causes of defection, such as corruption and lack of internal democracy in political parties.