Anti-Defection Law, Background, Objective, Features, 10th Schedule
The Anti-Defection Law was introduced in 1985 through the 52nd Constitutional Amendment Act to address political instability. Learn about the background, features, and shortcomings of Anti-Defection Law.
Deeksha Dixit8 Nov, 2024
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The Anti-Defection Law was introduced to maintain political stability by preventing elected members from switching parties. This law, codified under the 10th Schedule of the Indian Constitution , safeguards against the disruption caused by political defections in Parliament and state legislatures.
The Anti-Defection law specifies that if members voluntarily give up membership of the party they belong to or vote contrary to the party's directive, they can be disqualified from their seat in the legislature. Keep reading to learn about key provisions and exceptions under the Anti-Defection law.What is Anti-Defection Law?
The Anti-Defection Law is a constitutional provision aimed at preventing political instability caused by lawmakers switching parties. Introduced through the 52nd Amendment in 1985, this law provides a legal framework to disqualify members who defect, thereby maintaining stability within both Parliament and state legislatures. The main objectives of the Anti-Defection Law are:- Prevent Political Instability: It seeks to prevent frequent changes in party allegiance by elected representatives, which can disrupt the functioning of governments and lead to unstable political situations.
- Ensure Party Discipline: The law ensures that lawmakers remain loyal to their parties and follow their direction, especially on key votes, preventing defection for personal gain or external influence.
- Promote Integrity in the Electoral System : This policy aims to uphold the electorate's trust by ensuring that the representatives they vote for stay committed to their parties and ideologies.
- Discourage Opportunistic Behavior: The law discourages politicians from switching parties for personal or material benefits, ensuring that political decisions are based on principles rather than individual gain.
Background of Anti-Defection Law in India
Defection refers to leaving one political party and joining another, often driven by revolt, dissent, or personal gain. The term originates from the British Parliament, where a legislator physically crosses the floor to switch allegiance between the government and the opposition. In India, defections, or "floor-crossing, " became a significant issue, particularly during the 1960s and 70s, when party-switching was rampant giving rise to the phrase " Aaya Ram, Gaya Ram ". In response, the Constitution (Fifty-second Amendment) Bill, 1985 was introduced which led to amendments in Articles 101, 102, 190, and 191 of the Constitution. This amendment also inserted the Tenth Schedule, which laid down the provisions for disqualifying members of Parliament and state legislatures on the grounds of defection. After successfully passing in both houses, the bill came into force as the Anti-Defection Law.Anti-Defection Law Article
The Indian Constitution provides for disqualification under the Tenth Schedule through:- Article 102: Governs disqualification of Parliament members.
- Article 191: Applies to members of state legislatures.
10th Schedule of the Indian Constitution
The Tenth Schedule was added to the Indian Constitution through the 52nd Amendment Act 1985. It provides for: Grounds for Disqualification: A member is disqualified if they voluntarily give up their political party membership or vote/abstain against the party's direction without prior permission unless condoned by the party within 15 days.- Law Applies to:
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- (a) Members of a Political Party : A legislator of the particular party who switches parties after being elected.
- (b) Independent members: If they join a party after the election.
- (c) Nominated members: If they join a party after six months from taking their seat.
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Exceptions:
- A member is not disqualified if their original political party merges with another, and they join the new or merged party or form a separate group, provided two-thirds of the members agree to the merger.
- Speakers, Deputy Speakers, and similar positions are exempt from disqualification if they voluntarily give up their party membership upon election and do not rejoin any party while holding office.
- Decision on Disqualification: The Chairman or Speaker of the House decides on disqualification matters, and their decision is final. If the question is about their disqualification, it is referred to another elected member.
Anti-Defection Law Features
Some of the most significant features of the Anti-Defection Law include:- Restriction on party switching : Members cannot change parties once elected.
- Prohibition of Defection: MPs/MLAs are disqualified for voluntarily leaving their party or joining another, or for voting against the party's instructions.
- Deciding Authority: The Speaker or Chairman can decide defection cases; their decision is final.
- Rule-Making Power: The presiding officer can establish rules to implement the law and will only act on defection cases if a member receives a complaint.
- Role of Whip: The whip ensures party discipline. Members who defy the whip may face disqualification under the anti-defection law.
- Exemptions for Mergers: Members are exempt from disqualification if two-thirds of their party’s members agree to a merger with another party.
- Re-election: Disqualified members cannot contest elections for the remainder of the term.
- Limited Judicial Review: Although initially non-justiciable, Supreme Court rulings now allow limited judicial review in disqualification cases under the Anti-Defection Law.
91st Amendment and Supreme Court Ruling
The 91st Amendment introduced significant changes to the Anti-Defection Law, addressing gaps in the original provisions:- Removal of Split Provision: Previously, a split within a party involving one-third of its members was permitted without disqualification. The amendment removed this provision, requiring any legitimate merger or faction to involve at least two-thirds of party members.
- Restrictions on ministerial positions: Members disqualified due to defection were also prohibited from holding ministerial or remunerative positions.
Shortcomings of Anti-Defection Law
Despite its significance, the Anti-Defection Law has faced criticism due to the following reasons:- Merger Loopholes: The law protects mergers if two-thirds of members agree, but this can be exploited for personal gains like ministerial posts, ignoring the reasons behind defection.
- Expulsion Ambiguity: The law is silent on the expulsion of members, creating confusion about their status and obligations after being expelled from a party.
- Ambiguity in Voluntary Resignation: The definition of "voluntarily giving up membership" is unclear, leading to confusion over actions like opposing the party’s stance or supporting rival candidates.
- Speaker’s Discretion: The Speaker has absolute power over defection cases, raising concerns of bias due to party affiliation. There is no time frame for decisions, leading to delays.
- Limited Judicial Review: The law bars judicial review of defection decisions, restricting courts from intervening in potential misuse of power.
- Suppresses Dissent: The law forces MPs/MLAs to toe the party line, curbing their ability to freely represent their constituents and undermining democratic principles.
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Anti-Defection Law FAQs
What is the Anti-Defection law?
The Anti-Defection Law aims to prevent political instability by disqualifying elected representatives who defect from their party or vote against the party’s instructions.
When was the Anti-Defection Law introduced in India?
The Anti-Defection Law was introduced in 1985 via the 52nd Amendment Act to prevent political defections.
What is the 52nd Amendment?
The 52nd Amendment Act of 1985 added the Tenth Schedule to the Indian Constitution, laying down rules for the disqualification of MPs and MLAs who defect or act against their party's direction.
What is the 91st Amendment Act?
The 91st Amendment Act (2003) removed the provision that allowed one-third of a party’s members to split without facing disqualification. It also restricted ministers from holding office if they were disqualified under the Anti-Defection Law.
Who decides disqualification cases under the Anti-Defection Law?
The Speaker or Chairman of the respective house decides disqualification cases, with limited options for judicial review.
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