The anti-defection law: when can a legislator be disqualified?
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Added to the Constitution by the 52nd Amendment in 1985, the anti-defection law lives in the Tenth Schedule. Its purpose is to stop elected legislators from switching sides for money or office and toppling governments — the 'Aaya Ram, Gaya Ram' politics of earlier decades.
Under the law, a member can be disqualified for voluntarily giving up party membership or for voting against the party whip. The power to decide disqualification rests with the presiding officer — the Speaker of the House — whose ruling can later be reviewed by the courts.
The law is not without critics. Because the Speaker is usually drawn from the ruling party, decisions can be slow or partisan, and well-timed delays have let defectors escape consequences. The Supreme Court has urged that such cases be decided in a time-bound manner, but the underlying tension between party discipline and a legislator's freedom of conscience remains.
Why it matters
A core GS2 polity topic on the Constitution and the functioning of legislatures. It connects to the powers of the Speaker, judicial review, and debates on strengthening Indian democracy. Frequently tested in prelims (Schedule, amendment) and mains (reform of the law).
Test yourself
1. The anti-defection law is contained in which Schedule?
2. It was added by which amendment?
3. Who decides disqualification under the law?
4. A common criticism of the law concerns:
Your notes
Source: explainme.today