Anti-Defection Law (Indian Polity)
Anti-Defection Law (Indian Polity)
Why In News:
Defection being treated as a merger under the Tenth Schedule, highlighted a continuing grey area in India's anti-defection framework.
Constitutional Basis
Tenth Schedule: Added by the 52nd Constitutional Amendment Act, 1985. Popularly called the Anti-Defection Law. Prevents political defections and enforces party discipline.
Grounds for Disqualification:
A member is disqualified if:
(1) they voluntarily give up party membership,
(2) they vote or abstain contrary to party directions without prior permission.
An independent member is disqualified if he joins any political party after the election.
A nominated member is disqualified if they join a political party after six months of becoming a legislator.
Deciding Authority: The Speaker (Lok Sabha) or Chairman (Rajya Sabha) decides disqualification - widely criticised for lack of independence.
Defection vs Merger
Defection: Individual or small-group party switching. Attracts disqualification under the Tenth Schedule.
Merger Exception:
A group is NOT disqualified if at least two-thirds of the original legislative party merges with another party.
The law exempts the presiding officer of the House (speaker, chairman, and deputy chairman) who voluntarily gives up their party membership or rejoins it after they cease to hold that office.
Kihoto Hollohan v. Zachillhu (1992): Supreme Court upheld validity of the Tenth Schedule but held the Speaker's decision is subject to judicial review.
Key Facts for Prelims
91st Amendment, 2003: Abolished the one-third defection exemption. Only the two-thirds merger route now survives as an exception.