What is Defection?
Historical Background
Key Points
8 points- 1.
The Anti-Defection Law is enshrined in the Tenth Schedule of the Indian Constitution.
- 2.
A legislator is disqualified if they voluntarily give up membership of their political party.
- 3.
A legislator is disqualified if they vote or abstain from voting contrary to the directions of their political party without prior permission.
- 4.
An exception is provided for a 'split' in a political party if at least two-thirds of the members of the party in the legislature agree to the split.
- 5.
The decision on disqualification rests with the Speaker of the House.
- 6.
The Speaker's decision was initially considered final, but the Supreme Court has ruled that it is subject to judicial review.
- 7.
The law aims to maintain party discipline and prevent political instability.
- 8.
Critics argue that it stifles dissent within political parties.
Visual Insights
Understanding Defection and the Anti-Defection Law
This mind map illustrates the key aspects of defection, the Anti-Defection Law, and related constitutional provisions.
Defection
- ●Tenth Schedule
- ●Historical Context
- ●Legal Framework
- ●Recent Developments
Key Amendments to the Anti-Defection Law
This table compares the key provisions of the 52nd and 91st Amendment Acts related to the Anti-Defection Law.
| Feature | 52nd Amendment Act (1985) | 91st Amendment Act (2003) |
|---|---|---|
| Grounds for Disqualification | Voluntary giving up membership, voting against party directives. | Same as 52nd Amendment. |
| Exception for Splits | Defection allowed if 1/3 of members defected. | Exception removed. No protection for splits. |
| Mergers | Merger recognized if a party merges with another. | Merger recognized only if 2/3 of members agree to the merger. |
Recent Developments
5 developmentsDebate on the role of the Speaker in deciding defection cases.
Calls for an independent tribunal to decide on disqualification matters.
Supreme Court judgments clarifying the scope of judicial review over Speaker's decisions.
Use of technology and social media as evidence in defection cases.
Concerns about the impact of defection on the stability of state governments.