The Anti-Defection Law was made to stop elected members from changing parties for personal gain. It was added by the 52nd Constitutional Amendment, 1985, and placed in the Tenth Schedule. This law is frequently asked in polity sections of exams.
Background of the Law
Before 1985, members of legislatures often switched parties to gain power or office. The phrase 'Aaya Ram Gaya Ram' came from such frequent defections. To check this, the law was added during the government of Rajiv Gandhi.
Grounds for Disqualification
- If a member voluntarily gives up the membership of the party.
- If a member votes or abstains against the party's direction (whip) without permission.
- If an independent member joins a party after election.
- If a nominated member joins a party after six months.
Role of the Presiding Officer
The decision on disqualification is taken by the Speaker of the House or the Chairman in the Rajya Sabha. The courts can review this decision, as held in the Kihoto Hollohan case (1992).
91st Amendment
The 91st Amendment, 2003 removed the earlier provision that allowed a 'split' of one-third members. Now, only a merger of at least two-thirds of members is protected from disqualification.
Quick Revision Points
- Added by the 52nd Amendment, 1985.
- Provisions are in the Tenth Schedule.
- Decision taken by the Speaker or Chairman.
- The 91st Amendment, 2003 requires a two-thirds merger.
- The 91st Amendment also removed the one-third split provision.
- Kihoto Hollohan case (1992) allowed judicial review.
- Related to the saying 'Aaya Ram Gaya Ram'.