What's New :
4th July 2025 (11 Topics)

Anti-Defection Law

Context

The Himachal Pradesh Chief Minister highlighted the role of the Anti-Defection Law in safeguarding democracy following the 2024 Rajya Sabha elections, where six Congress MLAs cross-voted for a BJP candidate, leading to their disqualification and the prevention of a potential no-confidence motion against the elected government.

Anti-Defection Law – Overview

  • Introduced via 52nd Constitutional Amendment Act, 1985.
  • Incorporated as the Tenth Schedule of the Constitution.
  • Objective: Prevent political defections to ensure stability of elected governments.
  • Applies to both Parliament and State Legislatures.

Key Provisions

  • Aimed to disqualify legislators for:
    • Defecting to another political party.
    • Voting/abstaining against party direction (whip).
  • Speaker/Chairman decides on disqualification.
  • Subject to Judicial Review (Kihoto Hollohan v. Zachillhu, 1992).

Grounds for Disqualification

  • Voluntarily giving up party membership.
  • Voting or abstaining against party whip without prior permission.
    • Disqualification not applicable if party condones within 15 days.
  • Independent member joins a political party post-election.
  • Nominated member joins any political party after 6 months.

Exceptions to Disqualification

  • Merger Exception:
    • If 2/3rd members of a party agree to merge with another party.
    • No disqualification for such members.
  • Split provision (1/3rd rule) removed via 91st Constitutional Amendment Act, 2003.

Major Issues

  • Undermines legislative autonomy; MPs/MLAs must obey party line.
  • No time limit for Speaker to decide on defection cases.
  • Speaker's role may be politically biased.
  • No recognition for ‘split’, only merger is valid.
  • Promotes horse-trading, weakening democratic ethics.
  • Breaks accountability chain: legislators accountable to party, not public.
  • Encourages wholesale defection, penalizes retail defection.

Suggestions for Reform

  • Time-bound adjudication of disqualification by an independent tribunal (SC recommendation).
  • Election Commission to decide defection cases (EC recommendation).
  • Restrict law to confidence/money bills only (Hamid Ansari).
  • Enact law to promote intra-party democracy, bring parties under RTI.

Important Case Law

  • Kihoto Hollohan v. Zachillhu (1992):
    • Validated Anti-Defection Law.
    • Allowed judicial review after Speaker’s decision.

Recent Example (2024 – Himachal Pradesh)

  • 6 Congress MLAs cross-voted in Rajya Sabha election.
  • Disqualified under Tenth Schedule.
  • State Assembly passed Bill to stop pension of disqualified MLAs.

Verifying, please be patient.

Enquire Now