Key Terms & Concepts — UPSC Mains
Anti-Defection Law
"Constitutional provision under the Tenth Schedule that disqualifies legislators who defect from their party by voting against party directions or voluntarily giving up party membership."
The Anti-Defection Law was enacted through the 52nd Constitutional Amendment Act of 1985, which added the Tenth Schedule to the Constitution. It was introduced to address the problem of 'aaya ram gaya ram' politics — frequent floor-crossing by legislators that destabilised governments and undermined democratic accountability. Under the Tenth Schedule, a member of Parliament or a state legislature is disqualified if they voluntarily give up the membership of their political party, or if they vote or abstain from voting in the House contrary to any direction issued by their party or anyone authorised by the party, without prior permission, and such voting or abstention has not been condoned by the party within 15 days. The law makes a key exception for mergers: a split is not a defection if at least two-thirds of the party's members in the House agree to merge with another party. The power to decide disqualification petitions lies with the Presiding Officer (Speaker or Chairman), whose decision is subject to judicial review.
Highly relevant for UPSC GS2 (Indian Polity and Governance). Frequently appears in Mains questions on parliamentary institutions, federalism, and electoral reforms. The Kihoto Hollohan case (1992) is a landmark Supreme Court judgment where the constitutional validity of the Tenth Schedule was upheld but the Speaker's decisions were made subject to judicial review. The issue of Speaker bias — where ruling party legislators are rarely disqualified — remains a major governance critique. The Law Commission has recommended that disqualification decisions be made by an independent tribunal rather than the Speaker, to avoid conflict of interest.
- 1 Enacted by the 52nd Constitutional Amendment Act, 1985 — added the Tenth Schedule to the Constitution
- 2 Grounds for disqualification: voluntary surrender of party membership, or voting/abstaining contrary to party whip without permission
- 3 Exception: merger of at least two-thirds of the legislature party members with another party
- 4 Presiding Officer (Speaker/Chairman) decides disqualification — decision subject to judicial review (Kihoto Hollohan, 1992)
- 5 No timeframe prescribed for the Speaker to decide petitions — major loophole
- 6 Does not apply to the President or Vice-President of India
- 7 91st Amendment Act (2003) abolished the split provisions and capped the size of the Council of Ministers at 15% of the House
When MLAs of a party in a state legislature vote against the budget or a confidence motion contrary to the party whip, they can be disqualified under the Tenth Schedule. The Speaker hears the petition filed by the party and decides. In the Manipur Assembly case (2020) and Madhya Pradesh political crisis (2020), disqualification proceedings under the Tenth Schedule played a central role.