In short: The anti-defection law disqualifies a legislator who leaves their party or defies its whip on a vote, with limited exceptions such as a merger backed by two-thirds of the party's legislators.
Key provisions
- Added through the 52nd Constitutional Amendment (1985) as the Tenth Schedule.
- A member can be disqualified for voluntarily giving up party membership, or for voting or abstaining against the party whip without permission.
- Independents are disqualified if they join a party after election; nominated members if they join one after six months.
- A merger is protected if two-thirds of the legislature party agree (the 91st Amendment, 2003, removed the earlier one-third split exception).
- The presiding officer decides; the Supreme Court has held such decisions are subject to judicial review (Kihoto Hollohan, 1992).
Debate
Supporters say it curbs opportunistic defections; critics say it weakens legislators' independence and that delays by presiding officers blunt its effect.
Frequently asked questions
Which law governs defection?
The Tenth Schedule of the Constitution, added by the 52nd Amendment in 1985.
Who decides on disqualification?
The Speaker or Chairman of the House, subject to judicial review.
Can parties merge without disqualification?
Yes, if at least two-thirds of the legislature party agrees to the merger.