Defection:

• ‘Defection’ has been defined as, “To abandon a position or association, often to join an opposing group”.
• Defection by legislators occurs in many democracies.
• It can be argued that they can undermine the stability of the government, which is dependent on the support of the majority party’s own elected legislators and/or a coalition of those elected to represent other parties.
• The Anti-Defection Law aims to prevent MPs from switching political parties for any personal motive.

Constitutional basis:

• The Tenth Schedule was inserted in the Constitution in by 52nd Amendment Act, 1985.

Grounds for disqualification:

1. If an elected member gives up his membership of a political party voluntarily.
2. If he votes or abstains from voting in the House, contrary to any direction issued by his political party.
3. If any member who is independently elected joins any party.
4. If any nominated member joins any political party after the end of 6 months.
5. The decision on disqualification questions on the ground of defection is referred to the Speaker or the Chairman of the House, and his/her decision is final.
6. All proceedings in relation to disqualification under this Schedule are considered to be proceedings in Parliament or the Legislature of a state as is the case.

Applicable to:

• The law applies to both Parliament and state assemblies.

Exceptions in Law:

• Legislators may change their party without the risk of disqualification in certain circumstances.
• The law allows a party to merge with or into another party provided that at least two-thirds of its legislators are in favour of the merger. In such a scenario, neither the members who decide to merge, nor the ones who stay with the original party will face disqualification.
• Any person elected as chairman or speaker can resign from his party, and rejoin the party if he demits that post.

• The anti-defection law was enacted to ensure that a party member does not violate the mandate of the party and in case he does so, he will lose his membership of the House.  The law applies to both Parliament and state assemblies.

Deciding Authority

• Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House.