anti-defection law

The Tenth Schedule, added by the 52nd Amendment in 1985, disqualifies a member of Parliament or a State Legislature who voluntarily gives up membership of his party, or votes or abstains contrary to its direction without permission (unless the party condones it within 15 days). An independent member who joins a party, and a nominated member who joins one after six months, are also disqualified.

The old exception for a one-third split was removed in 2003; the only exception now is a merger supported by two-thirds of the legislature party. The Speaker or Chairman decides disqualification petitions. In Kihoto Hollohan (1992) the Supreme Court upheld the law but held the Speaker's decision is subject to judicial review.

Example

When six MLAs openly campaigned for a rival party, the Speaker disqualified them under the anti-defection law for voluntarily giving up membership.

In Indian law

• Tenth Schedule, Constitution of India (paragraphs 2, 4 and 6)
• Constitution (Fifty-second Amendment) Act, 1985; Constitution (Ninety-first Amendment) Act, 2003
• Kihoto Hollohan v. Zachillhu, 1991 INSC 287: Tenth Schedule upheld; the Speaker's decision is open to judicial review

See also

office of profit · judicial review · basic structure doctrine

Read more in the study notes

• Anti-defection law (Constitutional Law II)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Council of Ministers and collective responsibility (Constitutional Law II)
• The Speaker and parliamentary privileges (Constitutional Law II)
• Schedules and review of the working of the Constitution (Constitutional Law II)
• Emergency powers and President's Rule under Article 356 (Indian Constitutional Law - New Challenges)