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 Real-World Examples
1 examplesIllustrated in 1 real-world examples from Feb 2026 to Feb 2026