Anti-Defection Law: Rajya Sabha Elections And Applicability

The anti-defection law, introduced in 1985, is a constitutional amendment that limits the ability of politicians to switch parties in parliament. The law applies to both the Parliament and the state assemblies. However, the Election Commission clarified in July 2017 that the provisions of the Tenth Schedule, including the anti-defection law, are not applicable to Rajya Sabha elections. This means that political parties cannot issue any whip to their members for Rajya Sabha elections, and members are free to vote according to their own judgment. This exemption for Rajya Sabha elections from the anti-defection law has raised concerns about the sanctity of the election process, as cross-voting by MLAs belonging to different parties has been observed in several states.

The anti-defection law was introduced in 1985 through the 52nd Amendment Act of 1985

The Anti-Defection Law (ADL) was introduced in 1985 through the 52nd Amendment Act of 1985. It was added to the Indian Constitution as the Tenth Schedule, which contains the provisions for the law. The law was passed by the Parliament of India to limit political defections in the country.

The Anti-Defection Law was introduced to prevent elected politicians from switching parties in parliament. Before the law, almost 50% of the 4000 legislators elected to central and federal parliaments in the 1967 and 1971 general elections subsequently defected, causing political turmoil and uncertainty. The law sought to curb such defections and bring stability to governments.

The 52nd Amendment Act of 1985 provided for the disqualification of Members of Parliament (MPs) and Members of State Legislatures (MLAs) on the grounds of defection from one political party to another. It amended four articles of the Indian Constitution: Articles 101 and 190, which deal with the vacation of seats by MPs and MLAs respectively, and Articles 102 and 191, which pertain to disqualification from membership of parliament and state legislatures respectively.

The Tenth Schedule lays down the circumstances under which a legislator can be disqualified from holding office if they violate certain conditions, such as voluntarily giving up their membership of a political party or voting against their party's official stance on certain matters. The law applies to both the Parliament and the state assemblies.

The Anti-Defection Law was further strengthened in 2003 through the 91st Amendment Act, which added provisions for the disqualification of defectors and banned them from being appointed as ministers for a period of time. This amendment also deleted the provisions that protected legislators in the case of a split in the party.

The law prevents legislators from changing their political affiliations during their tenure in office

The anti-defection law was introduced in India in 1985 through the 52nd Amendment Act, also known as the Tenth Schedule of the Indian Constitution. This law aimed to prevent legislators from changing their political affiliations during their tenure in office. It applies to both Parliament and state assemblies.

The law was introduced to address the issue of political instability caused by legislators changing their political loyalties. In the 1967 general elections, it was estimated that almost 50% of the 4,000 legislators elected to central and federal parliaments subsequently defected to other parties, leading to political turmoil. This practice, known as "Aaya Ram Gaya Ram", allowed certain parties, such as Congress (I), to gain a stronghold on the administration.

The anti-defection law specifies the circumstances under which legislators can be disqualified for changing their political parties. The first scenario is when a member elected on a party ticket voluntarily gives up their membership or votes against the party's wishes. The second scenario is when an independent member joins a political party after being elected. In both cases, the legislator loses their seat in the House.

The law also applies to nominated members, who are given six months to join a political party after being nominated. If they do not join a party within this period and later decide to join one, they will lose their seat in Parliament.

Courts have interpreted changing or joining a political party as not requiring a formal act. It can also be inferred from a legislator's actions, such as campaigning or appearing at rallies for another party.

The anti-defection law has been subject to criticism and legal challenges. Some argue that it limits legislators' ability to vote according to their conscience and the interests of their electorate. There have also been concerns about the role of the Speaker or Presiding Officer in deciding disqualification cases, with questions raised about their impartiality due to their political backgrounds.

To address these issues, expert committees have recommended that the decision to disqualify a member should be made by the President or Governor, based on the advice of the Election Commission. Additionally, it has been suggested that the law should only apply to votes that directly impact the stability of the government, such as the passage of the annual budget or no-confidence motions.

The law applies to both Parliament and state assemblies

The anti-defection law, or the 52nd Amendment to the Indian Constitution, is a constitutional amendment that limits the ability of politicians to switch parties in parliament. The law applies to both Parliament and state assemblies.

The Tenth Schedule of the 52nd Amendment to the Constitution of India was passed by the Parliament of India in 1985. This resulted in the introduction of the word 'political party' in the Constitution of India, giving political parties recognition in the Constitution. The law was introduced to limit defections in India and prevent elected MLAs and MPs from changing parties.

The anti-defection law specifies that a member of a House of Parliament or State legislature who voluntarily gives up the membership of their political party or votes against the instructions of their party in a House is liable for disqualification from such House. This instruction with respect to voting is issued by the 'whip' of a party. The law covers three types of scenarios with respect to an MP switching parties. Firstly, when a member elected on a party ticket "voluntarily gives up" membership of such a party or votes in the House contrary to the wishes of the party. Secondly, when an MP who has won their seat as an independent candidate after the election joins a political party. In both these instances, the MP loses their seat in the House on changing (or joining) a party. The third scenario relates to nominated MPs, who have six months from being nominated to the House to choose to join a political party. If they do not join a party within this time frame and later decide to join one, they lose their seat in Parliament.

The anti-defection law was introduced to prevent legislators from changing their political affiliations during their tenure in office and to bring stability to governments. It also aims to deter MPs and MLAs from changing their political parties, promote party discipline, and prevent the threat of toppling governments.

The law specifies three types of scenarios with respect to an MP switching parties

The anti-defection law, introduced in 1985, limits the ability of politicians to switch parties in parliament. The law was implemented to prevent elected MPs from changing parties. The law specifies three types of scenarios with respect to an MP switching parties:

The first scenario is when a member elected on a political party ticket "voluntarily gives up" their membership of that party or votes in the House contrary to the party's wishes. In this case, the MP loses their seat in the House.

The second scenario is when an MP who has won their seat as an independent candidate joins a political party after the election. Again, in this instance, the MP loses their seat in the House.

The third scenario relates to nominated MPs. The law specifies that within six months of being nominated to the House, they can choose to join a political party. This period is provided so that nominated MPs can decide whether they want to join a political party. However, if they don't join a party during the first six months of their tenure and join one later, they lose their seat in Parliament.

The law was catalysed by the political instability after the 1967 general elections

The Anti-Defection Law, or the 52nd Amendment to the Indian Constitution, was catalysed by the political instability that followed the 1967 general elections. The law was introduced to limit defections in India.

In the 1967 general elections, approximately 3,500 members were elected to legislative assemblies across various states and union territories. Of those elected, around 550 defected from their parent parties, and some crossed the floor more than once. This led to the fall of multiple state governments.

The rise of coalition politics in the 1960s increased the incidence of defections as elected representatives sought cabinet positions. The Congress (I) party was the sole beneficiary of defections between 1957 and 1967. It lost 98 legislators but gained 419. Those who left other parties and did not join Congress (I) formed separate new parties, intending to exert power through coalition governments. This gave Congress (I) a stronghold on administration.

The frequent defections led to political turmoil in the country. In 1967, an MLA from Haryana, Gaya Lal, changed his party allegiance three times in a single day, coining the infamous phrase "Aaya Ram Gaya Ram". This became a common practice across states, bringing down state governments.

To address this issue, a committee was formed during the fourth Lok Sabha in 1967 under the chairmanship of Y.B. Chavan. The committee submitted a report in 1968, leading to the first attempt to introduce an anti-defection bill in Parliament. However, the bill did not pass before subsequent elections voided all legislative proposals.

The anti-defection law was finally enacted in 1985 through the 52nd Amendment Act, with the primary intention of curbing political corruption and strengthening democracy by bringing stability to the administration. The law laid out the process for disqualifying elected members who resigned from or voted against the will of their political party.

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