Anti-Defection Law (Tenth Schedule) - ಪಕ್ಷಾಂತರ ವಿರೋಧಿ ಕಾನೂನು
1. Meaning of Anti-Defection Law
Simple meaning
Defection means leaving one political party and joining another party after getting elected.
Example
A candidate wins election from Party A.
After winning, he joins Party B.
This is called defection (party switching).
To stop this problem, India made the Anti-Defection Law.
2. Constitutional Basis
52nd Constitutional Amendment Act, 1985 introduced the Anti-Defection Law.
It added the Tenth Schedule to the Constitution.
It also modified four Articles.
Articles changed
| Article | Meaning |
|---|---|
| Article 101 | Vacation of seats in Parliament |
| Article 102 | Disqualification of MPs |
| Article 190 | Vacation of seats in State Legislature |
| Article 191 | Disqualification of MLAs |
Purpose
To stop political defections and maintain stability in government.
3. Change by 91st Amendment (2003)
Earlier rule:
If 1/3 members of a party split, they were not disqualified.
Problem
Politicians used this rule to escape punishment by splitting the party.
Solution
91st Constitutional Amendment Act, 2003 removed this exception.
Meaning now
Split is no longer allowed as a protection.
Only merger is allowed (explained later).
4. Disqualification under Anti-Defection Law
A member of Parliament or State Legislature can lose his/her seat if they defect.
This depends on three types of members.
A. Members of Political Parties
A member belonging to a political party becomes disqualified in two situations.
Situation 1: Leaving the party
If the member
Voluntarily gives up membership of the political party
Example
An MLA elected from Congress resigns and joins BJP.
Result
MLA becomes disqualified.
Important point
Even if the person does not formally resign, behaviour showing he left the party may count as defection.
Example
Publicly supporting another party.
Situation 2: Violating party direction (Whip)
If a member
Votes against the party direction, or
Abstains from voting, when the party ordered them to vote.
This direction is called party whip.
Example
Party order:
All MPs must vote in favour of a bill.
But one MP:
Votes against it.
Result
That MP can be disqualified.
Exception
If the member takes permission from the party before voting.
OR
The party forgives the action within 15 days.
This forgiveness is called condonation.
B. Independent Members
Independent member means:
A person elected without support of any political party.
Rule
If an independent MLA/MP joins a political party after election, he/she is disqualified.
Example
An independent candidate wins election.
After winning, he joins Party X.
Result
He loses his seat.
Reason
Voters elected him as independent, not as party member.
C. Nominated Members
Some members are nominated, not elected.
Examples
Rajya Sabha nominated members
Earlier Anglo-Indian members in Lok Sabha (Now removed 104th CAA 2019)
Rule
They can join any political party within 6 months of taking seat.
But
If they join a party after 6 months, they will be disqualified.
Example
A nominated MP:
Takes seat on 1 January
Allowed
Join party until 30 June
Not allowed
Join party in August → disqualified
5. Exceptions (When Defection is Allowed)
Anti-defection law does not apply in two situations.
Exception 1: Party Merger
If a political party merges with another party, members are not disqualified.
But condition
At least two-thirds (2/3) members of the party must support the merger.
Example
Party A has 90 MLAs
For merger:
At least 60 MLAs (2/3) must agree.
Then
They can merge into another party without disqualification.
Exception 2: Presiding Officer
If a member becomes
Speaker of Lok Sabha
Deputy Speaker
Chairman or Deputy Chairman of Rajya Sabha
Speaker of State Assembly
Then
He/she may leave the political party to remain neutral.
Later
After leaving that office, he/she may rejoin the party.
This is allowed.
Reason
Presiding officers must be neutral and impartial.
7. Removal of Split Exception (2003)
Earlier rule
If 1/3 members split from the party, they were safe.
Problem
Politicians misused it to form small groups and avoid punishment.
Therefore
91st Amendment removed the split protection.
Now
Only merger is allowed.
8. Who Decides Defection Cases?
The Presiding Officer of the House decides.
Meaning
| House | Authority |
|---|---|
| Lok Sabha | Speaker |
| Rajya Sabha | Chairman |
| State Assembly | Speaker |
| Legislative Council | Chairman |
They decide whether the member should be disqualified or not.
Important point
The law does not fix any time limit for the decision.
So sometimes decisions are delayed.
9. Judicial Review (Kihoto Hollohan Case 1992)
Case
Kihoto Hollohan vs Zachillhu (1992)
Originally the law said
Speaker’s decision is final
Courts cannot interfere
But the Supreme Court rejected this.
Court said
Speaker acts like a tribunal (decision authority).
Therefore, court can review the decision.
Courts can check if there is
Mala fide (bad intention)
Perverse decision
Violation of law
But
Court said giving this power to Speaker is valid.
Reason
Speaker is expected to be neutral guardian of the House.
10. Rule-Making Power
The Presiding Officer can make rules to implement the Tenth Schedule.
Procedure
Rules must be placed before the House for 30 days.
The House may
approve them
modify them
reject them.
11. Procedure of Defection Case
A defection case starts only when a complaint is made.
Steps
A member of the House files complaint.
Speaker examines the complaint.
The accused member gets chance to explain.
Speaker may refer the matter to Committee of Privileges.
After inquiry, Speaker gives final decision.
Important
Disqualification is not automatic.
Proper process must be followed.
12. Very Simple Real Example
Imagine:
Election result
| MLA | Party |
|---|---|
| Ravi | Party A |
Situation
Ravi:
Leaves Party A
Joins Party B
Complaint filed.
Speaker investigates.
Result
Ravi loses MLA seat due to defection.
13. Purpose of Anti-Defection Law
Prevent political corruption
Stop horse trading
Maintain government stability
Ensure party discipline
Evaluation of the Anti-Defection Law (Tenth Schedule)
This section explains why the Anti-Defection Law was made, its advantages, and its criticisms.
1. Purpose of the Anti-Defection Law
The Tenth Schedule was created to stop political defections.
Problem before the law
Many politicians:
Changed political parties after winning elections
Did it to get minister posts, power, or money
This practice weakened democracy.
Objective of the law
The law was designed to:
Prevent unethical party switching
Stop political corruption
Maintain stability of governments
Strengthen parliamentary democracy
Statements by leaders
Rajiv Gandhi (Prime Minister at that time)
Called the law “the first step towards cleaning up public life.”
Meaning
It was an attempt to remove corruption and unethical political behaviour.
Central Law Minister
Said the unanimous approval of the 52nd Amendment by both Houses of Parliament showed the maturity and stability of Indian democracy.
Meaning
All parties agreed that defection was harming democracy.
2. Advantages of Anti-Defection Law
(a) Political stability
The law helps maintain stable governments.
Explanation
Earlier, legislators frequently changed parties, causing governments to collapse.
Example
Suppose a ruling party has 105 MLAs out of 200.
If 10 MLAs switch sides, the government may fall.
Anti-defection law discourages such behaviour.
(b) Allows democratic realignment through merger
The law allows merger of political parties.
Condition
Two-third members must support the merger.
Meaning
Parties can reorganize democratically without punishment.
Example
Party A and Party B decide to merge to form a new party.
If 2/3 legislators agree, it is allowed.
(c) Reduces political corruption and wasteful elections
Frequent defections earlier caused:
Collapse of governments
Frequent elections
This created:
Huge public expenditure
Political corruption
Anti-defection law helps reduce such situations.
Example
If a government falls due to defections, fresh elections may be needed, costing thousands of crores.
(d) Constitutional recognition of political parties
Before this law:
Political parties were not clearly recognized in the Constitution.
The Tenth Schedule indirectly gives constitutional recognition to political parties.
Meaning
The Constitution now acknowledges the role and importance of parties in democracy.
3. Criticism of Anti-Defection Law
Although the law was praised, it also has many weaknesses (lacunae).
It has not completely stopped defections.
a. No distinction between dissent and defection
The law punishes legislators even if they disagree with their party.
Problem
It reduces freedom of speech and conscience of legislators.
Example
A member may believe:
A bill is harmful to the country.
But if the party orders them to support it, they must vote in favour, otherwise they may be disqualified.
Critics say this creates:
“Party bossism”
Excessive control of party leadership
Meaning
Party leaders dominate members.
b. Difference between individual and group defection
Critics say the law earlier treated group defections more leniently.
Earlier rule
If one person defects → punished
If one-third members defect together → allowed (split rule)
So critics said:
The law banned retail defections but allowed wholesale defections.
Example
One MLA switching party → punished
30 MLAs switching together → allowed
This loophole was later removed by the 91st Amendment (2003).
c. No punishment for activities outside legislature
The law mainly deals with voting inside the House.
But if a legislator:
Works against the party outside the legislature
Campaigns against party policies
The law does not clearly address this situation.
Example
An MP publicly criticizes the party leadership outside Parliament.
The anti-defection law may not apply.
d. Different treatment of independent and nominated members
Critics say this rule is illogical.
Rules:
Independent member joining a party → disqualified
Nominated member joining a party within 6 months → allowed
Critics ask:
Why should two types of members be treated differently?
e. Power given to the Presiding Officer
The Speaker/Chairman decides defection cases.
Criticism is based on two issues.
(a) Possible political bias
The Speaker usually belongs to a political party.
So critics argue:
The Speaker may not always be neutral or impartial.
Example
Speaker may delay decision to protect ruling party members.
(b) Lack of legal expertise
Speakers are politicians, not judges.
But they must decide complex legal issues related to defection.
Therefore critics argue:
They may lack legal training or judicial experience.
Even Speakers themselves expressed doubts
Two former Lok Sabha Speakers raised concerns:
| Speaker | Year |
|---|---|
| Rabi Ray | 1991 |
| Shivraj Patil | 1993 |
They said
The Speaker may not be the best authority to decide defection cases.
