Anti-Defection Law in Focus Amid Recent Defections and Party Disputes

Recent defections by MPs from parties such as the TMC and the AAP, along with the Shiv Sena and NCP disputes over party splits and mergers, have brought the Anti-Defection Law back into focus. Several disqualification petitions remain pending before Speakers, while the Supreme Court is examining important questions on the interpretation of the Tenth Schedule, including the scope of the merger provision. Its ruling could shape how future defections, party splits and mergers are dealt with. Frequent defections after the General Elections popularise the phrase "Aaya Ram, Gaya Ram". The 52nd Constitutional Amendment introduces the Tenth Schedule (Anti-Defection Law). Kihoto Hollohan brings the Speaker's decision under judicial review. The 91st Constitutional Amendment removes the one-third split exception while retaining the two-thirds merger provision. Keisham Meghachandra Singh says disqualification petitions should ordinarily be decided within three months. Shiv Sena split raises questions about party splits, mergers and the Speaker's powers. NCP split sparks disputes over rival factions and the "real" political party. TMC and AAP defections renew attention on the Anti-Defection Law. The Supreme Court is considering key issues relating to the Tenth Schedule. The Anti-Defection Law regulates when elected representatives can lose their seats for changing political allegiance after an election. It seeks to discourage defections, promote political stability and uphold the electoral mandate. The law was introduced through the 52nd Constitutional Amendment Act, 1985, which inserted the Tenth Schedule into the Constitution. The years following the 1967 General Elections witnessed frequent defections by legislators, often leading to unstable governments. The phrase "Aaya Ram, Gaya Ram" —coined after Haryana legislator Gaya Lal reportedly switched parties several times in a single day—became synonymous with political opportunism. The repeated collapse of governments, allegations of horse-trading and claims that legislators were induced to switch sides prompted Parliament to enact the Anti-Defection Law. It operates through Article 102(2) for Members of Parliament and Article 191(2) for Members of State Legislatures. The Anti-Defection Law is contained in the Tenth Schedule of the Constitution. A legislator may be disqualified if they voluntarily give up membership of the political party on whose ticket they were elected. An independent member who joins a political party after the election, or a nominated member who joins one after the period allowed under the Constitution, can also be disqualified. A legislator may also lose membership for voting, or abstaining from voting, against the party whip without prior permission, unless the party condones the action within the time prescribed under the law.