The anti-defection legislation was passed in 1985 through the 52nd Constitutional Amendment with the intent to curb “the menace of anti-defection”.

• For this, a tenth schedule was added to the Constitution. It contains provisions related to disqualification on grounds of defection.
• Legislators who quit their party after being elected or who disobey the leadership during a vote onany issue may be disqualified from the membership of the House under the anti-defection law.

Political Defections in India

• The phenomenon of political defections in India is not new; it has been a cause of political instability and uncertainty.
• The infamous term “Aaya Ram, Gaya Ram” was coined against the backdrop of incessant defection by legislators in the 1960s.
• According to the YB Chavan committee report (1969),  the Indian political landscape between 1967 and 1968 was characterised by numerous defections; out of roughly 542 cases in the entire two-decade period between the First and the Fourth General Elections, at least 438 defections occurred in these 12 months alone.
• The desire for office played a major role in such defections; it is evident from the fact that out of 210 defecting legislators, 116 were part of the state council of ministers they helped to form.
• Even after the passing of the Anti-defection law, defections have not stopped, and there are demands for amending the existing act.

 Provisions of the Act

• Grounds of disqualification of a member of a political party: A member of a House belonging to any political party will be disqualified if:
• If s/he voluntarily gives up the membership of such political party;
• If s/he votes or abstains from voting in conflict with the directions of the party without obtaining permission of such party and such voting or abstention has not been condoned by such political party.
• Grounds of disqualification of an independent member: If an independent member (not elected as a candidate of a political party) of a House joins any political party after his election, he is liable for disqualification under this law.
• Grounds of disqualification of an independent member: If a nominated member of a House joins a political party 6 months after s/he has taken his/he seat, then s/he is liable for disqualification on the grounds of defection. It means s/he can join any political party within 6 months of taking his seat without inviting disqualification.

Exceptions mentioned in the act

• In cases of Merger: A member of a House will not be disqualified if his/her original political party merges with another political party or a new political party is formed by such merger. [A merger takes place if 2/3^rd of the members have agreed to such a merger].
• If a member is elected as presiding officer: If a member, after being elected as presiding officer of the House, voluntarily gives up the membership of the party and re-joins it after s/he ceases to hold the office, then it does not invite disqualification under the anti-defection act.
• 91^st Constitutional Amendment Act (2003): Earlier, there was a provision in the Anti-defection Act that provided exemption from disqualification on account of split by one-third of members of the legislature party. This exemption was omitted by the amendment Act.

Authority to Adjudicate On Disqualifications On The Grounds Of Defection

• As per the act, the decision on the disqualification of a member will be taken by the Presiding officer.
• The act also provides that the decision of the presiding officer in this regard is final, and it cannot be questioned in any court. However, this provision was declared unconstitutional by the Supreme Court in the Kihoto Hollohan case on the grounds that it takes away the jurisdiction of the High Court and the Supreme Court. The Court ruled that since the presiding officer while adjudicating the matters of disqualification under the 10^th schedule, acts as a tribunal and is hence subject to judicial review on grounds of malafides or colourable exercise of power.
• If the question arises whether the presiding officer is subject to disqualification or not, then the decision will be taken by such a member of the House who has been elected by the House for that purpose. His/her decision will be final.

Rule-making Powers of the Presiding officer under the 10^th schedule

• The act confers power on the presiding officer to make rules for giving effect to the provisions of the 10^th schedule.
• All such rules are placed before the House for 30 days, and the House can either approve or disapprove it.
• Contravention of such rules may amount to a breach of privilege of the House.
• Some rules made by the Presiding officer:
• As per the present rules, the presiding officer can take up a case only when s/he receives a complaint from a member of the House.
• Before taking a final decision on the disqualification of a member, the presiding officer must give a chance to the member to submit his/her explanation.