Overview and Constitutional Basis:
The Anti-Defection Law was introduced through the 52nd Amendment Act, 1985, adding Tenth Schedule to the Constitution of India. Its primary objective is to prevent political defections motivated by personal gains, which can destabilize governments. The law applies to both Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). According to Paragraph 2 of the Tenth Schedule, a member may be disqualified if they voluntarily give up the membership of their political party or vote against party directions without prior permission. The law ensures stability in government, promotes loyalty to political parties, and maintains the integrity of parliamentary democracy by discouraging opportunistic shifting of allegiances.
Legal Provisions and Consequences:
Under Paragraph 2(1) of the Tenth Schedule, a legislator who defects can be disqualified by the Chairman or Speaker of the House. Paragraphs 3 and 4 allow exceptions, such as when a party merges with another or a member resigns along with one-third of the party legislators. The effects of disqualification include loss of membership of the House, which also terminates any positions held such as Ministerial posts or Committee memberships. While disqualification prevents opportunistic defection, it also strengthens party discipline. The law empowers the Presiding Officer to decide disqualification, and their decision is subject to judicial review under Article 136 (Supreme Court) if challenged for fairness or constitutionality.
Significance and Impact:
The Anti-Defection Law has promoted political stability by reducing the frequent collapse of governments caused by legislators switching parties. It strengthens the role of political parties and ensures that voters’ mandate is respected, preventing betrayal of public trust. However, critics argue that it restricts legislators’ freedom of speech in the House, as they must vote according to party directives. Despite these limitations, the law has become a key instrument for maintaining constitutional governance, reducing horse-trading, and protecting elected governments from destabilizing defections, thereby upholding the principles of representative democracy.
Real-Time Example:
A notable example is the Karnataka Political Crisis of 2019, where several MLAs from the ruling coalition resigned to join another party, prompting the Speaker of the Legislative Assembly to disqualify them under the Tenth Schedule. This prevented the collapse of the government due to opportunistic defections while enforcing the Anti-Defection Law. Similar instances have occurred in other states like Telangana and Maharashtra, where the law was invoked to disqualify defecting legislators, demonstrating its role in stabilizing governments and reinforcing party discipline.
Mnemonic to Remember:
Mnemonic: “DUPES – Disqualification, Upholds Party, Prevents Evasion, Stability”
- D = Disqualification of defecting members (Para 2)
- U = Upholds party discipline
- P = Prevents opportunistic defection
- E = Ensures legislators vote according to party directions
- S = Stability of government maintained
This mnemonic “DUPES” helps recall the key effects of the Anti-Defection Law — disqualification, party discipline, and political stability — making it easier to remember for exams.
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