Anti Defection
The Anti-Defection Law – Intent and Impact
Background Note for the Conference on Effective Legislatures
The Anti-Defection Law was passed in 1985 through the 52nd Amendment to the Constitution, which added the Tenth Schedule to the Indian Constitution. The main intent of the law was to combat “the evil of political defections”. There are several issues in relation to the working of this law which need to be discussed. Does the law, while deterring defections, also lead to suppression of healthy intra-party debate and dissent? Does it restrict representatives from voicing the concerns of their voters in opposition to the official party position? Should the decision on defections be judged by the Speaker who is usually a member of the ruling party or coalition, or should it be decided by an external neutral body such as the Election Commission? In this note, we summarise the main features of this law and interpretation by the Courts and the presiding officers. We also see which other democracies have similar provisions.
Main Features of the Anti-Defection Law
Table 1: Anti-Defection provisions under the Tenth Schedule Subject Provision in the Tenth Schedule Disqualification a. If a member of a house belonging to a political party: - Voluntarily gives up the membership of his political party, or - Votes, or does not vote in the legislature, contrary to the directions of his political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified. b. If an independent candidate joins a political party after the election. c. If a nominated member joins a party six months after he becomes a member of the legislature. Power to a. The Chairman or the Speaker of the House takes the decision to disqualify a member. Disqualify b. If a complaint is received with respect to the defection of the Chairman or Speaker, a member of the House elected by that House shall take
Background Note for the Conference on Effective Legislatures
The Anti-Defection Law was passed in 1985 through the 52nd Amendment to the Constitution, which added the Tenth Schedule to the Indian Constitution. The main intent of the law was to combat “the evil of political defections”. There are several issues in relation to the working of this law which need to be discussed. Does the law, while deterring defections, also lead to suppression of healthy intra-party debate and dissent? Does it restrict representatives from voicing the concerns of their voters in opposition to the official party position? Should the decision on defections be judged by the Speaker who is usually a member of the ruling party or coalition, or should it be decided by an external neutral body such as the Election Commission? In this note, we summarise the main features of this law and interpretation by the Courts and the presiding officers. We also see which other democracies have similar provisions.
Main Features of the Anti-Defection Law
Table 1: Anti-Defection provisions under the Tenth Schedule Subject Provision in the Tenth Schedule Disqualification a. If a member of a house belonging to a political party: - Voluntarily gives up the membership of his political party, or - Votes, or does not vote in the legislature, contrary to the directions of his political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified. b. If an independent candidate joins a political party after the election. c. If a nominated member joins a party six months after he becomes a member of the legislature. Power to a. The Chairman or the Speaker of the House takes the decision to disqualify a member. Disqualify b. If a complaint is received with respect to the defection of the Chairman or Speaker, a member of the House elected by that House shall take