What is the Anti Defection Law?
• Defection refers to switching political allegiance, particularly when a
member of a political party leaves the party and joins another party or
becomes independent.
• Anti-defection Law in India was enacted in 1985 through the 52nd
Amendment Act of 1985 as part of the Tenth Schedule of the Constitution
of India. Anti-defection laws aim to prevent or discourage defection by
imposing penalties on politicians who switch parties or otherwise violate
party discipline.
• These laws may be designed to ensure that politicians are held
accountable to the voters who elected them and to maintain the stability
and cohesion of political parties.
• In some countries, anti-defection laws allow political parties to expel
members who defect, while in others, they may disqualify defectors from
holding public office or impose other penalties
Why is an Anti-defection law needed?
An anti-defection law is needed in India to prevent elected representatives from
switching political parties or factions frequently, which can lead to instability and
a lack of accountability in government.
• Prevention of ‘Aya Ram - Gya Ram’ Politics: The phrase ‘Aaya Ram - Gaya
Ram’ implied frequent floor crossing by legislators in the party, which was
developed by Haryana MLA Gaya Lal in 1967. He changed his party thrice in
a fortnight from Congress to United Front back to Congress and then within
nine hours to United Front again.
• Curbing money power: the perceived need to curb the corrupting
influence of money and power on politicians and to ensure that politicians
were accountable to the voters who elected them.
• Ensuring cohesion: It was also seen as a way to promote
stability and cohesion within political parties and to prevent the
fragmentation of the party system.
• Political Stability: To strengthen democracy by bringing stability to
administration and ensuring legislative programmes of the Government are
not jeopardized by a defecting parliamentarian.
• Responsibility and Loyalty: To make members of parliament more
responsible and loyal to the political parties with whom they were aligned
at the time of their election.
Anti Defection Law Important Provisions
The provisions of the anti-defection law of India, as set out in the Tenth Schedule
of the Constitution of India, are as follows:
• Disqualification: A member of a House belonging to any political party
becomes disqualified for being a member of the House,
o if he voluntarily gives up his membership of such a political party; or
o if he votes or abstains from voting in such House contrary to any
direction issued by his political party without obtaining prior
permission of such party and such act has not been condoned by the
party within 15 days.
• Independent Members: An independent member of a House becomes
disqualified from remaining a member of the House if he joins any political
party after such an election.
• Nominated Members: A nominated member of a House becomes
disqualified for being a member of the House if he joins any political party
after the expiry of six months from the date he takes his seat in the House.
• Exceptions: The above disqualification on the ground of defection does not
apply in the following two cases:
o Merger: If a member goes out of his party due to a merger of the party
with another party. A merger takes place when two-thirds of the
members of the party have agreed to such a merger.
o Presiding Officer: If a member, after being elected as the presiding
officer of the House, voluntarily gives up the membership of his party
or rejoins it after he ceases to hold that office. This exemption has
been provided in view of the dignity and impartiality of this office.
• Deciding Authority: The Speaker of the House or the Chairman of the
Legislative Council, as the case may be, has the authority to decide on
questions relating to defection, and his or her decision is final and cannot be
challenged in any court.
• Rule-Making Power: The presiding officer of a House is empowered to
make rules to give effect to the provisions of the Tenth Schedule. According
to the rules made so, the presiding officer can take up a defection case only
when he receives a complaint from a member of the House.
Why is the Anti Defection law under criticism?
The anti-defection law in India has been the subject of criticism from various
quarters. Some of the main criticisms of the law are as follows:
1. Curbing dissent: The law infringes on the freedom of legislators to follow
their conscience and stand up for their beliefs or represent the interests of
their constituents.
2. Lack of Intra-Party Democracy: By punishing defectors, the law gives
parties a strong incentive to exert control over their members and to
discipline those who step out of line. This may discourage legislators from
speaking out against party leaders or raising issues that may be unpopular
within the party.
3. Fragmentation of Parties: To avoid being disqualified under the law,
politicians may form their own parties or join existing small parties, leading
to a fragmentation of the party system. This may make it harder for parties
to form stable governments and to implement policies effectively.
4. Undermining representative democracy: The law has been abused for
political gain. Political parties have been known to use the threat of
defection to discipline their members or to coerce them into supporting
certain policies or candidates. This may undermine the integrity of the
political process and lead to the erosion of public trust in the political
system.
5. Controversial role of the speaker: The law has been criticized for its
ambiguity and lack of transparency. The provisions of the law are open to
interpretation, and the decision of the Speaker or the Chairman on questions
of defection is final and cannot be challenged in court. This lack of
transparency and judicial oversight has led to concerns about the fairness
and impartiality of the process.
