Indian Polity — Anti-Defection Law
1. Introduction
- The 52nd Amendment Act of 1985 provided for the disqualification of the members of Parliament and the state legislatures on the grounds of defection from one political party to another.
- This act is often referred to as the 'Anti-Defection Law'.
- For this purpose, it made changes in four Articles (Articles 101, 102, 190 and 191) of the Constitution and added a new Schedule — the Tenth Schedule to the Constitution.
- Later the 91st Constitutional Amendment Act, 2003, altered this and now at least two-thirds of the members of a party must be in favour of a "merger" for it to have validity before the law.
- The decision on questions as to disqualification on grounds of defection by the Chairman or the Speaker of such House is subject to 'Judicial review'.
- The law does not provide a timeframe within which the presiding officer has to make a decision on the case referred.
KNOWLEDGE NUGGET
- 52nd Amendment Act: 1985 — Introduced Anti-Defection Law
- Tenth Schedule: Added to the Constitution
- Articles Amended: 101, 102, 190, 191
- 91st Amendment (2003): Changed merger provision — 2/3 members required
- Judicial Review: Speaker/Chairman's decision is subject to judicial review
2. Grounds for Defection
- Member of Parliament or State Legislature belonging to a political party is deemed to have defected if:
- He either voluntarily resigns or gives up the membership of his political party; or
- He disobeys the directives of the party leadership on a vote or abstains from voting without taking prior permission of such party and such act has not been condoned by the party within 15 days.
- An independent candidate joins any political party after the election.
- A nominated member joins any political party after six months from the date on which he/she takes his/her seat in the House.
KEY POINTS
- Voluntary Resignation: Giving up party membership
- Disobeying Party Directive: Voting against party whip — 15 days to condone
- Independent Candidate: Joining a party after election is defection
- Nominated Member: Can join a party within 6 months; after that, joining is defection
3. Exceptions to Defection
- Speaker/Chairman: Any person elected as Speaker or Chairman could resign from his party, and rejoin the party if he ceases to hold office.
- Merger: If a member goes out of his/her party as a result of a merger of the party with another party.
- For a merger to be valid, at least two-thirds of the members of the party must be in favour of the merger (91st Amendment, 2003).
EXCEPTIONS — QUICK RECAP
- Speaker/Chairman: Can resign from party and rejoin after leaving office
- Merger: 2/3 members must agree for merger to be valid (91st Amendment, 2003)
4. Key Provisions
| Provision | Details |
|---|---|
| Tenth Schedule | Added by 52nd Amendment Act, 1985 — Contains provisions relating to disqualification on grounds of defection. |
| Articles Amended | Articles 101, 102, 190, 191 — Dealt with disqualification of members. |
| 91st Amendment (2003) | Changed the merger provision — at least 2/3 members must be in favour of merger. |
| Presiding Officer | Speaker/Chairman decides on disqualification — subject to judicial review. |
| Timeframe | No timeframe provided for the presiding officer to make a decision. |
JUDICIAL REVIEW
- The decision of the Chairman or Speaker on disqualification on grounds of defection is subject to judicial review.
- This was established in the Kihoto Hollohan Case (1993).
- The Supreme Court ruled that the Speaker/Chairman's decision is not final and can be challenged in court.
5. Summary: Anti-Defection Law at a Glance
| Aspect | Details |
|---|---|
| Act | 52nd Amendment Act, 1985 |
| Schedule | Tenth Schedule |
| Articles Amended | 101, 102, 190, 191 |
| 91st Amendment | 2003 — 2/3 members required for merger |
| Grounds | Voluntary resignation, disobeying party whip, independent joining party, nominated member joining after 6 months |
| Exceptions | Speaker/Chairman, Merger (2/3 members) |
| Deciding Authority | Speaker/Chairman — subject to judicial review |
| Timeframe | No timeframe for decision |
Key Takeaways for UPSC
- 52nd Amendment (1985): Introduced Anti-Defection Law — Tenth Schedule added
- 91st Amendment (2003): 2/3 members required for merger to be valid
- Grounds: Voluntary resignation, disobeying party whip (15 days to condone), independent joining party, nominated member joining after 6 months
- Exceptions: Speaker/Chairman, Merger (2/3 members)
- Kihoto Hollohan Case (1993): Speaker/Chairman's decision is subject to judicial review
- Articles Amended: 101, 102, 190, 191
- No Timeframe: Presiding officer has no time limit to decide on disqualification
High-Yield Interactive UPSC Quiz (Anti-Defection Law)
Q1. The Anti-Defection Law was introduced by which amendment?
Correct Answer: B. The Anti-Defection Law was introduced by the 52nd Amendment Act, 1985, which added the Tenth Schedule to the Constitution.
Q2. Which Schedule contains the Anti-Defection Law?
Correct Answer: C. The Anti-Defection Law is contained in the Tenth Schedule of the Constitution, added by the 52nd Amendment Act, 1985.
Q3. Which Articles were amended by the 52nd Amendment Act?
Correct Answer: B. The 52nd Amendment Act made changes in four Articles — 101, 102, 190, and 191 — dealing with disqualification of members.
Q4. A member is deemed to have defected if he disobeys the party whip and the act is not condoned within:
Correct Answer: C. If a member disobeys the party whip and the act is not condoned by the party within 15 days, it constitutes defection.
Q5. A nominated member can join a political party without attracting defection within how many months?
Correct Answer: D. A nominated member can join any political party within six months from the date of taking seat in the House without being disqualified.
Q6. According to the 91st Amendment Act, 2003, what fraction of members must agree for a merger to be valid?
Correct Answer: C. The 91st Amendment Act, 2003, provided that at least two-thirds of the members of a party must be in favour of a merger for it to have validity.
Q7. The decision of the Speaker on disqualification under the Anti-Defection Law is subject to:
Correct Answer: C. The decision of the Speaker/Chairman on disqualification on grounds of defection is subject to judicial review, as established in the Kihoto Hollohan Case (1993).
Q8. Which case established that the Speaker's decision under the Anti-Defection Law is subject to judicial review?
Correct Answer: C. The Kihoto Hollohan Case (1993) established that the Speaker/Chairman's decision on disqualification under the Anti-Defection Law is subject to judicial review.
Q9. Which of the following is an exception to the Anti-Defection Law?
Correct Answer: C. Merger of the party with another party is an exception to the Anti-Defection Law, provided at least two-thirds of the members agree.
Q10. The Anti-Defection Law does NOT provide:
Correct Answer: C. The Anti-Defection Law does not provide a timeframe within which the presiding officer has to make a decision on the case referred.