Origin of the Anti-Defection Law: 52nd Amendment Act, 1985, and the Tenth Schedule

At a Glance

• What it is The law disqualifying legislators who defect from their party
• Amendment 52nd Amendment Act, 1985
• Articles changed 101, 102, 190 and 191
• Schedule added Tenth Schedule
• Exam link UPSC Prelims, Polity: Anti-Defection Law

Where Does It Fit?

This is the first topic of the category on the Anti-Defection Law. The 52nd Amendment Act of 1985 provided for the disqualification of members of Parliament and the state legislatures on the ground of defection from one political party to another. It is popularly known as the anti-defection law.

What the 52nd Amendment Did

To give effect to the anti-defection law, the Act made changes in four Articles of the Constitution, Articles 101, 102, 190 and 191, which relate to the vacation of seats and the disqualification from membership of Parliament and the state legislatures. It added a new Schedule to the Constitution, the Tenth Schedule, which contains the detailed provisions. The Act extends to members of both Houses of Parliament and both Houses of state legislatures. Later, the 91st Amendment Act of 2003 made one change in the Tenth Schedule: it omitted the exception that protected defectors in the case of a split.

Purpose of the Law

The Tenth Schedule is designed to prevent the evil or mischief of political defections motivated by the lure of office or material benefits or other similar considerations. It is intended to strengthen the fabric of Indian parliamentary democracy by curbing unprincipled and unethical political defections. Rajiv Gandhi, the then Prime Minister, described it as the first step towards cleaning up public life, and the then Central law minister said the passing of the 52nd Amendment Bill by a unanimous vote of both Houses of Parliament was proof of the maturity and stability of Indian democracy.

Advantages of the Law

1. It provides greater stability in the body politic by checking the propensity of legislators to change parties.
2. It facilitates democratic realignment of parties in the legislature by way of merger of parties.
3. It reduces corruption at the political level and non-developmental expenditure on irregular elections.
4. It gives, for the first time, a clear-cut constitutional recognition to the existence of political parties.

How the Law Operates

The Tenth Schedule does not work automatically. A member of the House must make a complaint, the presiding officer decides the question, and the member complained against must be given a chance to explain. The presiding officer makes rules to give effect to the Schedule, and these rules are placed before the House for 30 days. The law covers three kinds of members: those belonging to a political party, independent members and nominated members, and it protects two situations, a merger agreed by two-thirds of the party and the case of a presiding officer who gives up party membership on election to the office. Each of these points is taken up in detail in the next topics of this category, so this topic only maps the law.

Criticisms in Brief

1. It does not differentiate between dissent and defection, and so curbs the right of a legislator to dissent.
2. It treated individual defection and group defection differently, until the split exception was removed in 2003.
3. It does not provide for expulsion of a legislator from the party for activities outside the legislature.
4. It treats independent and nominated members differently, which is called illogical.
5. It vests the decision in the presiding officer, whose impartiality has been doubted.

Where the Law Fits

The Tenth Schedule is often cited in the same breath as Article 102 and Article 191, which list disqualifications of members. The anti-defection law is one of them, introduced by reference to the Tenth Schedule. It therefore appears in the list of disqualifications of members of Parliament and of state legislatures covered in earlier categories.

Why Is This Topic Important?

• Recurring theme Anti-defection questions appear every year
• Articles changed 101, 102, 190, 191
• Link to disqualification Cross-reference to Parliament and State Legislature

What Came Next?

The next topic covers the grounds for disqualification under the Tenth Schedule.

Key People and Terms

• Defection Leaving the party on whose ticket elected
• Tenth Schedule Anti-defection provisions
• 52nd Amendment 1985
• Merger Joining another party with two-thirds
• Split Exception removed in 2003

Exam Corner

Mains Angle

Questions on this topic usually ask about the objectives and flaws of the law. Use these points to add depth.

• Stability Prevents horse-trading
• Party recognition First constitutional recognition
• Limits Dissent versus defection
• Amendments 2003 reform