Anti-Defection Law 

News: Recently, the Calcutta High Court disqualified senior political leader from the West Bengal Legislative Assembly.

About Anti-Defection Law 

• It was introduced through the 52nd Constitutional Amendment (1985) by adding the Tenth Schedule to the Constitution.
• Purpose: To curb political defections motivated by the lure of office, money, or other similar incentives—popularly highlighted by the “Aaya Ram, Gaya Ram” episode of 1967.
• Scope: Applies to Parliament and all state legislative assemblies.
• Grounds for Disqualification:
  • A legislator voluntarily gives up membership of their political party (which can be inferred from conduct, not only formal resignation).
  • A legislator violates the party whip by abstaining from voting or voting against party directions.
• Judicial Interpretation:
  • “Voluntarily giving up membership” has a broad meaning, covering conduct such as public criticism of the party or participation in opposition rallies.
  • Courts insist on no intervention until the Presiding Officer gives a decision but allow review after.
• Independent and nominated members:
  • Independent legislators are disqualified if they join a political party after being elected.
  • Nominated members may join a party within six months of being nominated; after that period, joining a party leads to disqualification.
• Authority to Decide Disqualification:
  • The Presiding Officer (Speaker/Chairman) decides on defection petitions.
  • Their decision is subject to judicial review by the High Courts and the Supreme Court.
• No Specified Time Limit: The law does not fix a timeline for the Presiding Officer to decide cases, resulting in delays that have been criticised by courts and committees.
• Exceptions (No Disqualification):
  • Party merger: If two-thirds of a party’s legislators agree to merge with another party.
  • Members who stay with the original party or merge with the new one are both protected.