{"id":4163,"date":"2026-09-22T14:50:46","date_gmt":"2026-09-22T09:20:46","guid":{"rendered":"https:\/\/vajiramandravi.com\/upsc-exam\/?p=4163"},"modified":"2026-09-22T16:18:00","modified_gmt":"2026-09-22T10:48:00","slug":"anti-defection-law","status":"publish","type":"post","link":"https:\/\/vajiramandravi.com\/upsc-exam\/anti-defection-law\/","title":{"rendered":"Anti Defection Law, Exceptions, Role of Speaker, 10th Schedule"},"content":{"rendered":"

The Anti Defection Law<\/strong> was introduced in India to discourage elected legislators from changing political parties for personal or political gain and to promote political stability, party discipline and the integrity of the electoral mandate. The law was added to the Constitution through the 52nd Constitutional Amendment Act, 1985, which inserted the Tenth Schedule.<\/span><\/p>\r\n

It provides for disqualification of Members of Parliament (MPs) and Members of State Legislatures (MLAs) on specified grounds of defection. The law has subsequently been modified, particularly through the 91st Constitutional Amendment Act, 2003, which removed the earlier exception for a split in a political party.<\/span><\/p>\r\n

Anti Defection Law Background<\/span><\/h2>\r\n

Defections in Indian politics have been a source of political instability and uncertainty. The phenomenon of changing political parties for non-ideological reasons became more prominent in the late 1960s. The term \"Aaya Ram, Gaya Ram\" was coined during this period to describe continuous defections by legislators.<\/span><\/p>\r\n

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  • According to the Chavan Committee Report in 1969, there were numerous instances of party allegiance changes by legislators in several states between March 1967 and February 1968.<\/span><\/li>\r\n\t
  • In this short period, there were 438 defections out of a total of approximately 542 cases in the two-decade period between the First and Fourth General Elections.<\/span><\/li>\r\n<\/ul>\r\n
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    • The lure of office played a significant role in legislators' decisions to defect. Out of the 210 defecting legislators in various states, 116 were included in the Councils of Ministers that they helped to form through defections.<\/span>\r\n
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      • This highlighted the influence of positions and power in motivating defections.<\/span><\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ul>\r\n

        Anti Defection Law Constitutional Provisions<\/span><\/h2>\r\n

        The Constitution provides for the disqualification of legislators on grounds of defection, mainly through the Tenth Schedule and amended Articles 101, 102, 190 and 191, which lay down the circumstances, exceptions and procedure governing such disqualification.<\/span><\/p>\r\n

        Anti Defection Law Articles<\/span><\/h3>\r\n

        This Act led to<\/span> amendments in Articles 101, 102, 190, and 191 of the Constitution, providing grounds for the vacation of seats and disqualification of members. It also inserted the Tenth Schedule, which specifically addresses defection-related issues.<\/span><\/p>\r\n

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        • Article 102(2):<\/b> Provides for disqualification of a Member of Parliament under the Tenth Schedule.<\/span><\/li>\r\n\t
        • Article 191(2):<\/b> Provides for disqualification of a member of a State Legislature under the Tenth Schedule.<\/span><\/li>\r\n\t
        • Tenth Schedule:<\/b> Contains the detailed provisions relating to disqualification on the ground of defection.<\/span>\r\n
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          • Paragraph 6:<\/b> Deals with the decision on questions of disqualification.<\/span><\/li>\r\n\t
          • Paragraph 7:<\/b> Originally sought to bar courts from jurisdiction, but this provision was declared invalid by the Supreme Court in <\/span>Kihoto Hollohan<\/span><\/i>.<\/span><\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ul>\r\n

            Anti Defection Law Schedule<\/span><\/h3>\r\n

            The Anti Defection Law is contained in the <\/span>Tenth Schedule<\/b>, which was added to the Constitution by the 52nd Amendment in 1985. It covers:<\/span><\/p>\r\n

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            • Disqualification of members on grounds of defection.<\/span><\/li>\r\n\t
            • Defection from political parties.<\/span><\/li>\r\n\t
            • Independent members joining political parties.<\/span><\/li>\r\n\t
            • Nominated members joining political parties.<\/span><\/li>\r\n\t
            • Exceptions to disqualification.<\/span><\/li>\r\n\t
            • Decision-making authority.<\/span><\/li>\r\n\t
            • Rules governing the procedure.<\/span><\/li>\r\n<\/ul>\r\n

              Anti Defection Law Grounds for Disqualification<\/span><\/h2>\r\n

              A member can be disqualified under the Tenth Schedule in specified circumstances. An elected member of parliament or state legislature faces disqualification under the Tenth Schedule for leaving their political party, voting against party directions, or breaking specific rules for independent and nominated members.<\/span><\/p>\r\n

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              • Voluntarily Giving Up Party Membership:<\/b> A member belonging to a political party may be disqualified if they voluntarily give up membership of that political party.<\/span>\r\n
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                • Importantly, this does not necessarily require a formal resignation from the party. Conduct can also be relevant in determining whether the member has voluntarily given up party membership.<\/span><\/li>\r\n<\/ul>\r\n<\/li>\r\n\t
                • Voting or Abstaining Against Party Direction:<\/b> A member may face disqualification if they vote contrary to the direction issued by their political <\/span>party or<\/span> abstain from <\/span>voting without<\/span> obtaining prior permission from the party within the prescribed period. The party direction is commonly referred to as a <\/span>'whip'.<\/span><\/li>\r\n\t
                • Independent Members: <\/b>An independent elected member can be disqualified if they join a political party after being elected.<\/span><\/li>\r\n\t
                • Nominated Members: <\/b>A nominated member can join a political party within six months of taking their seat without attracting disqualification on this ground. However, joining a political party after six months can attract disqualification.<\/span><\/li>\r\n<\/ul>\r\n

                  Anti Defection Law Important Exceptions<\/span><\/h2>\r\n

                  The Tenth Schedule <\/span>recognises<\/span> limited circumstances in which defection does not result in disqualification. A member is protected where their original political party merges with another political party, provided that not less than two-thirds of the members of the legislature party have agreed to such merger.<\/span><\/p>\r\n

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                  • Originally, the Tenth Schedule contained an exception for a split, where one-third of the members of a legislature party could avoid disqualification.<\/span><\/li>\r\n\t
                  • The 91st Constitutional Amendment Act, <\/span>2003,<\/span> removed this provision.<\/span><\/li>\r\n<\/ul>\r\n

                    Anti Defection Law Role of the Speaker and Courts<\/span><\/h2>\r\n

                    Under Paragraph 6 of the Tenth Schedule, the Speaker of the Lok Sabha or Legislative Assembly, or the Chairman of the Rajya Sabha or Legislative Council, decides questions of disqualification. The decision-making authority is therefore located within the legislature. The Supreme Court has described this function as quasi-judicial.<\/span><\/p>\r\n

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                    • The Speaker's decision is not completely beyond judicial scrutiny. In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court upheld the constitutional validity of the Anti-Defection Law while allowing judicial review of the Speaker's decision.<\/span><\/li>\r\n\t
                    • Courts can therefore examine the legality of the decision within the constitutional framework.<\/span><\/li>\r\n<\/ul>\r\n

                      Anti Defection Law Amendment<\/span><\/h2>\r\n

                      The 91st Constitutional Amendment Act (2003) brought about changes to the Tenth Schedule of the Constitution to remove the loopholes and make the Anti defection Law more efficient.<\/span><\/p>\r\n

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                      • The provision regarding splits within political parties was removed from the Tenth Schedule. It means that the members who leave his\/her party have no more protection on the ground of splits.\u00a0<\/span><\/li>\r\n\t
                      • However, a party can be merged with another political party after the consent of at least two-thirds of the members of the political party.<\/span>\r\n