The Tenth Schedule of Indian Constitution has the provisions of Anti Defection Law. It was introduced in the year 1985 to curb the problems of political defections. The law was amended in 2003 to strengthen its provisions. It aims to ensure stability of the government in power by discouraging elected representatives from switching parties or voting against party directions. Lets study the topic in detail.
Table of Contents
What is the Anti-Defection Law?
The Anti-Defection Law is a law in India that prohibits elected members of Parliament (MPs) and legislative assemblies (MLAs) from defecting to another party after their election. The law was introduced in 1985 to tackle the issue of political defections, which had become a common practice in Indian politics.
" Shiv Kumar, an MLA from Rajasthan was first to get disqualified as per the anti defection law."
Grounds of Disqualification
| Criteria | Description |
|---|---|
| Voluntarily giving up party membership | A member who voluntarily gives up the membership of his/her political party or rejoins it after resignation. |
| Voting against party directions | A member who votes or abstains from voting in the house against the party whip without the party’s prior permission or direction. |
| Joining another political party | A member who joins another political party after being elected on a party’s ticket or supports another party. |
Disqualification of Independent Members
An independent member becomes disqualified to remain the member of the House if he joins
other political party after such election. But the question is, will the independent members get disqualified if she supports a political party or votes for it in the house? No, it is allowed for the independent members to do so as they do not get direction/whip from any political party.
"The Anti Defection Law restricts legislators from voting based on their own beliefs and regional interests."
Disqualification of Nominated Members
A nominated member of the House becomes disqualified for being a member of the House if he joins other political party after the expiry of six months from the date on which he takes his seat in the House. It means that he may join a political party within six months of taking his
seat in the House.
Exceptions
There are some exceptions to the Anti-Defection Law. For instance, if two-third of the members of a political party decide to merge with another political party, they will not be disqualified under the Anti-Defection Law. Additionally, a member who has been expelled from his/her political party will not be disqualified if he/she appeals against the expulsion within 15 days.
| Exception | Explanation |
| Split in political party | If a political party splits into two or more groups, and at least two-third of the members of the legislative party decides to join a particular group, they shall not be disqualified. |
| Merger of political party | If a political party merges with another party, and at least two-thirds of the members of the legislative party decides to join the merged party, they shall not be disqualified. |
| Election to the post of Speaker/Deputy Speaker | A member who is elected as Speaker or Deputy Speaker shall not be disqualified if they resign from the membership of the party they belonged to, after such elections. |
"Former speaker of Lok Sabha, Mr. Somnath Bharati resigned from his party when he was elected to the post of speaker of Lok Sabha."
Deciding Authority
The Speaker of the legislative assembly or the Lok Sabha (the lower house of the Indian Parliament) has the power to decide on disqualification of members under the Anti-Defection Law. However, the decision of the Speaker can be challenged in a court of law.
Rule-Making Power
The presiding officer of a House has the authority to make rules to give effect to the provisions of the Tenth Schedule. The rules must be placed before the house for 30 days. The House may approve or modify or disapprove them.
Impact of the Anti Defection Law
The Law has had a significant impact on Indian politics. It has reduced the number of political defections and has strengthened political parties. However, it has also been criticized for stifling dissent and preventing legislators from voting according to their conscience.
Needs of Improvement
However, there have been demands for further amendments to the Anti-Defection Law in recent years. Some of these demands include:
Time-bound decision: There have been suggestions to impose a time limit on the Speaker of the House to decide on a petition seeking disqualification of a legislator who has defected.
Independent Tribunal: There have been demands to establish an independent tribunal to decide on petitions seeking disqualification of legislators who have defected, instead of leaving the decision solely to the Speaker of the House.
Secret Ballot: Some have called for the introduction of a secret ballot system in certain situations, such as during a vote of no-confidence motion, to enable legislators to vote according to their conscience without fear of retribution from their party.
Anti defection law cases
| Example | Description |
|---|---|
| Jyotiraditya Scindia | In March 2020, Jyotiraditya Scindia, a senior Congress leader, resigned from the Congress party and joined the Bharatiya Janata Party (BJP). As a result, he was disqualified from the Rajya Sabha under the Anti-Defection Law. |
| G. Janardhana Reddy | In 1999, G. Janardhana Reddy, an MLA from Andhra Pradesh, was disqualified under the Anti-Defection Law for supporting the opposition party. |
| Balasaheb Thorat | In 2003, Balasaheb Thorat, an MLA from Maharashtra, was disqualified from the Assembly under the Anti-Defection Law for violating party discipline. |
| K. Rosaiah | In 1984, K. Rosaiah, an MLA from Andhra Pradesh, was disqualified for voting against the party whip in the Assembly elections. |
| Sharad Yadav | In December 2017, Sharad Yadav, an MP from Bihar, was disqualified from the Rajya Sabha under the Anti-Defection Law after he opposed his party’s decision to ally with the BJP. |
These are just a few examples of how the Anti-Defection Law has been used to disqualify members of Parliament and Legislative Assemblies in India. The law serves as an important deterrent against political defections and helps to ensure the stability of the government.
Anti defection law Article
The Anti-Defection Law in India is included in the Tenth Schedule of the Constitution. The relevant articles of the Indian Constitution for the Anti-Defection Law are as follows:
Article 102(2) : This article deals with the disqualification of members of Parliament (MPs) on the grounds of defection. It states that a member of Parliament shall be disqualified if they voluntarily give up the membership of their political party or if they vote or abstain from voting in the House contrary to the directions of their political party.
Article 191(2) : This article deals with the disqualification of members of state legislatures on the grounds of defection. It is similar to Article 102(2) and provides that a member of a state legislature shall be disqualified if they voluntarily give up the membership of their political party or if they vote or abstain from voting in the House contrary to the directions of their political party.
Anti defection law Schedule
This Schedule was added to the Constitution in 1985 by the 52nd Amendment. It contains provisions for disqualification on the grounds of defection for both MPs and members of state legislatures. It also sets out the procedure for determining disqualification and provides for certain exceptions to prevent disqualification in certain situations.
Conclusion
The Anti-Defection Law is an important law in India that has helped in curbing political defections. While it has been effective in reducing defections, it has also been criticized for stifling dissent. It is important to strike a balance between preventing defections and allowing legislators to vote according to their conscience.
Read: Indian Polity