2 minConstitutional Provision
Constitutional Provision

Anti-Defection Law

What is Anti-Defection Law?

The Anti-Defection Law aims to prevent legislators from switching parties and to maintain the stability of governments. It is enshrined in the Tenth Schedule of the Indian Constitution.

Historical Background

The law was enacted in 1985 through the 52nd Constitutional Amendment Act to address the problem of frequent floor-crossing by legislators. It was further amended by the 91st Constitutional Amendment Act, 2003.

Key Points

8 points
  • 1.

    Disqualifies a Member of Parliament (MP) or a Member of a State Legislature (MLA) if they voluntarily give up their membership of a political party.

  • 2.

    Disqualifies a member if they vote or abstain from voting in the legislature contrary to any direction issued by their political party without prior permission.

  • 3.

    An exception is provided if two-thirds of the members of a political party merge with another party.

  • 4.

    The decision on questions regarding disqualification rests with the Speaker of the House.

  • 5.

    The 91st Amendment Act removed the exception for splits within a party, requiring a merger of at least two-thirds of the members.

  • 6.

    The law applies to both elected and nominated members.

  • 7.

    Independent members joining a political party after election are also disqualified.

  • 8.

    The Speaker's decision is subject to judicial review, as held in the Kihoto Hollohan case (1992).

Visual Insights

Evolution of the Anti-Defection Law in India

Key events and amendments in the history of the Anti-Defection Law.

The Anti-Defection Law was enacted to curb political defections and ensure government stability.

  • 1960s-70sFrequent floor-crossing and political instability.
  • 198552nd Amendment Act: Introduced the Tenth Schedule (Anti-Defection Law).
  • 200391st Amendment Act: Strengthened the law by limiting the scope for splits within parties.
  • 2020SC expresses concerns about delays in Speaker's decisions on disqualification petitions in *Keisham Meghachandra Singh vs. The Hon'ble Speaker, Manipur Legislative Assembly*.
  • 2023Instances in Maharashtra where factions within political parties claimed to be the 'real' party.
  • 2024Telangana municipal elections highlight the potential for political maneuvering and the importance of the Anti-Defection Law.
  • 2026Congress gains in Telangana Municipal Elections, Anti-Defection Law relevant in maintaining stability.

Anti-Defection Law: Key Aspects

Mind map illustrating the key aspects of the Anti-Defection Law, including its provisions, exceptions, and criticisms.

Anti-Defection Law

  • Disqualification
  • Exceptions
  • Criticisms
  • Legal Framework

Recent Developments

5 developments

Frequent use of the Anti-Defection Law in recent political scenarios.

Debate on the role and impartiality of the Speaker in deciding disqualification petitions.

Calls for reforms to strengthen the law and prevent its misuse.

Supreme Court's observations on the delay in deciding disqualification petitions.

Demand for an independent tribunal to decide on defection cases.

This Concept in News

4 topics

Telangana Municipal Elections: Congress Gains, BJP Slips, Challenges Remain

24 Feb 2026

The Telangana municipal election results highlight the practical challenges and implications of the Anti-Defection Law in a multi-party system. (1) The news demonstrates how the law is intended to prevent post-election defections aimed at forming or toppling local governments. (2) The hung verdicts in many municipalities create an environment where the temptation to induce defections is high, testing the law's effectiveness. (3) The news reveals that even with the law in place, political maneuvering and negotiations continue as parties try to secure a majority. (4) The future of local governance in these municipalities depends on how strictly the Anti-Defection Law is enforced and whether legislators adhere to the spirit of the law. (5) Understanding the Anti-Defection Law is crucial for analyzing the political dynamics in these municipalities and predicting the stability of the local governments that will be formed.

Tejashwi Yadav criticizes Nitish Kumar government over Constitution

23 Feb 2026

The news highlights the ongoing challenges in maintaining political stability in India, even with the Anti-Defection Law in place. The accusations and counter-accusations between Tejashwi Yadav and Nitish Kumar demonstrate how the spirit of the law can be undermined through various political maneuvers. The news underscores the limitations of the law in preventing defections driven by political opportunism or ideological shifts. It also raises questions about the role of the Speaker in impartially adjudicating disqualification petitions. Understanding the Anti-Defection Law is crucial for analyzing such political events because it provides the legal and constitutional framework for evaluating the legitimacy and consequences of defections. Without this understanding, it's difficult to assess the true impact of political realignments on governance and democracy.

Congress MP Criticizes DMK, Demands Respect and Power Share

16 Feb 2026

This news demonstrates the practical challenges of maintaining coalition governments and party discipline. (1) It highlights the tension between individual expression and party loyalty, a core issue related to the Anti-Defection Law. (2) The news event applies the concept of dissent and whether it crosses the line into actions that could be interpreted as voluntarily giving up party membership. (3) It reveals that even within alliances, the threat of defection can be used as a bargaining chip. (4) The implications are that the Anti-Defection Law may not fully prevent subtle forms of pressure and negotiation within political alliances. (5) Understanding the Anti-Defection Law is crucial for analyzing the dynamics of coalition politics and the limits of dissent within political parties, which are key aspects of this news story.

Congress Dominates Telangana Civic Polls; BJP Performance Disappoints

14 Feb 2026

The Telangana civic poll results bring the Anti-Defection Law into focus by highlighting the potential for political maneuvering and the importance of party discipline. The law aims to prevent situations where elected officials might be tempted to switch allegiances based on the outcome of local elections, potentially undermining the stability of the state government. The news demonstrates the practical application of the law in maintaining the integrity of the electoral process and preventing political opportunism. Understanding the Anti-Defection Law is crucial for analyzing the long-term implications of the Telangana election results, particularly in terms of government stability and the representation of voters' preferences. The news underscores the ongoing debate about the effectiveness of the law and the need for further reforms to address loopholes and ensure its proper implementation. It also highlights the role of the Speaker in adjudicating defection cases and the potential for political bias in their decisions. Without the Anti-Defection Law, the temptation for elected councilors to switch parties after the election results could have been much higher, potentially leading to even more hung councils and political instability.

Source Topic

Telangana Municipal Elections: Congress Gains, BJP Slips, Challenges Remain

Polity & Governance

UPSC Relevance

Very important for UPSC Prelims and Mains (GS Paper 2 - Polity and Governance). Questions are frequently asked about the provisions, amendments, and implications of the Anti-Defection Law. The Kihoto Hollohan case is also crucial.

Evolution of the Anti-Defection Law in India

Key events and amendments in the history of the Anti-Defection Law.

1960s-70s

Frequent floor-crossing and political instability.

1985

52nd Amendment Act: Introduced the Tenth Schedule (Anti-Defection Law).

2003

91st Amendment Act: Strengthened the law by limiting the scope for splits within parties.

2020

SC expresses concerns about delays in Speaker's decisions on disqualification petitions in *Keisham Meghachandra Singh vs. The Hon'ble Speaker, Manipur Legislative Assembly*.

2023

Instances in Maharashtra where factions within political parties claimed to be the 'real' party.

2024

Telangana municipal elections highlight the potential for political maneuvering and the importance of the Anti-Defection Law.

2026

Congress gains in Telangana Municipal Elections, Anti-Defection Law relevant in maintaining stability.

Connected to current news

Anti-Defection Law: Key Aspects

Mind map illustrating the key aspects of the Anti-Defection Law, including its provisions, exceptions, and criticisms.

Anti-Defection Law

Voluntary Resignation

Voting Against Party Whip

Two-Thirds Merger Rule

Limits Freedom of Expression

Speaker's Bias

52nd Amendment Act, 1985

91st Amendment Act, 2003

Connections
DisqualificationExceptions
CriticismsAnti-Defection Law
Legal FrameworkAnti-Defection Law

This Concept in News

4 news topics

4

Telangana Municipal Elections: Congress Gains, BJP Slips, Challenges Remain

24 February 2026

The Telangana municipal election results highlight the practical challenges and implications of the Anti-Defection Law in a multi-party system. (1) The news demonstrates how the law is intended to prevent post-election defections aimed at forming or toppling local governments. (2) The hung verdicts in many municipalities create an environment where the temptation to induce defections is high, testing the law's effectiveness. (3) The news reveals that even with the law in place, political maneuvering and negotiations continue as parties try to secure a majority. (4) The future of local governance in these municipalities depends on how strictly the Anti-Defection Law is enforced and whether legislators adhere to the spirit of the law. (5) Understanding the Anti-Defection Law is crucial for analyzing the political dynamics in these municipalities and predicting the stability of the local governments that will be formed.

Tejashwi Yadav criticizes Nitish Kumar government over Constitution

23 February 2026

The news highlights the ongoing challenges in maintaining political stability in India, even with the Anti-Defection Law in place. The accusations and counter-accusations between Tejashwi Yadav and Nitish Kumar demonstrate how the spirit of the law can be undermined through various political maneuvers. The news underscores the limitations of the law in preventing defections driven by political opportunism or ideological shifts. It also raises questions about the role of the Speaker in impartially adjudicating disqualification petitions. Understanding the Anti-Defection Law is crucial for analyzing such political events because it provides the legal and constitutional framework for evaluating the legitimacy and consequences of defections. Without this understanding, it's difficult to assess the true impact of political realignments on governance and democracy.

Congress MP Criticizes DMK, Demands Respect and Power Share

16 February 2026

This news demonstrates the practical challenges of maintaining coalition governments and party discipline. (1) It highlights the tension between individual expression and party loyalty, a core issue related to the Anti-Defection Law. (2) The news event applies the concept of dissent and whether it crosses the line into actions that could be interpreted as voluntarily giving up party membership. (3) It reveals that even within alliances, the threat of defection can be used as a bargaining chip. (4) The implications are that the Anti-Defection Law may not fully prevent subtle forms of pressure and negotiation within political alliances. (5) Understanding the Anti-Defection Law is crucial for analyzing the dynamics of coalition politics and the limits of dissent within political parties, which are key aspects of this news story.

Congress Dominates Telangana Civic Polls; BJP Performance Disappoints

14 February 2026

The Telangana civic poll results bring the Anti-Defection Law into focus by highlighting the potential for political maneuvering and the importance of party discipline. The law aims to prevent situations where elected officials might be tempted to switch allegiances based on the outcome of local elections, potentially undermining the stability of the state government. The news demonstrates the practical application of the law in maintaining the integrity of the electoral process and preventing political opportunism. Understanding the Anti-Defection Law is crucial for analyzing the long-term implications of the Telangana election results, particularly in terms of government stability and the representation of voters' preferences. The news underscores the ongoing debate about the effectiveness of the law and the need for further reforms to address loopholes and ensure its proper implementation. It also highlights the role of the Speaker in adjudicating defection cases and the potential for political bias in their decisions. Without the Anti-Defection Law, the temptation for elected councilors to switch parties after the election results could have been much higher, potentially leading to even more hung councils and political instability.