Anti-Defection Law Overview

The Meaning of Anti-Defection Law

• Anti-defection law aims to penalize politicians who change their party affiliations, especially after being elected on a specific party's platform.
• This law seeks to prevent political instability and maintain accountability of elected representatives to their constituents.

Provisions of Anti-Defection Law

• The law disqualifies MPs or MLAs from holding office if they:
  • Resign from their political party.
  • Vote against their party's official stance.
  • Join another political party.
• The law's provisions have been amended multiple times for clarification and strengthening.
• The 52nd Amendment of 1985 introduced these initial provisions.
• The 10th Schedule of the Indian Constitution outlines the anti-defection law, also introduced in 1985.

Key Changes to the Anti-Defection Law

• In 1995, significant revisions to the anti-defection law occurred.
• A clause exempting members from disqualification if they represented at least one-third of the party's strength in the house was removed.
• This strengthened the law, making it harder for members to defect without facing disqualification.

Exceptions to the Anti-Defection Law

• Exceptions exist where members can defect without disqualification:
  • Merger: If a party merges with another, members of the merged party are not disqualified.
  • Splitting: If a party splits and a separate group constitutes at least two-thirds of the original party's strength, those members aren't disqualified.

Independent Members and Nominated Members

• Independent members: Not affiliated with any political party, thus not subject to the anti-defection law.
• Nominated members: Appointed to the Rajya Sabha by the President, initially independent. Within 6 months, they can choose a party affiliation. If no party, they remain independent and unaffected by the law.

Disqualification and Appeals

• The Speaker of Lok Sabha or the Presiding Officer of a State Legislative Assembly can disqualify a member.
• This decision can be challenged in court.
• The Supreme Court can review the Speaker's decision, as it's not considered final.

The Speaker's Role

• The Speaker, when dealing with disqualification cases under the anti-defection law, must remain impartial.
• Speaker's decisions are not final and can be contested legally.

The Rationale Behind the Anti-Defection Law

• The law aims to maintain political stability by discouraging elected representatives from switching parties for personal gain or political maneuvering.
• It ensures representatives remain committed to their party's ideologies and policies.
• It promotes discipline and accountability within the political system, preventing instability.