In 1967 an MLA of Haryana Gaya Lal changed his party three times in a same
day and a slogan “Aaya Ram, Gaya Ram” was famous. After this need of
anti-defection law was felt and in 1985 tenth schedule was inserted in Indian
Constitution by the 52nd Amendment. It is popularly known as Anti - Defection
Law. It came into force on 1st March 1985.
The main aim of this schedule was to prevent the political defections and to
strengthen democracy by bringing stability in politics and make members of
parliament more responsible and loyal to their parties. Political defection
means a member of a political party changes his party voluntarily or on other
grounds. It also provides procedure by which a legislator may be disqualified
on the ground of defection by the presiding officer of the legislature. This
Schedule is applicable on both Central and State legislature.
Tenth schedule is divided into 8 paragraphs. The brief summary of this Schedule
is as follows:
PARAGRAPH 1:- This paragraph contains the interpretation section. It defines the
different terms that are used in the legislation like house, legislature party,
original political party etc.
Paragraph 2: Disqualification On Grounds Of Defection
A member of any state or central legislature can be disqualified from being a
- He voluntarily gives up his membership of such political party.
- He disobeys the directions of his political party or votes or does not
vote in the legislature.
- After the election, he joins other political party.
- If nominated member joins any political party after 6 months from the
day he became member of the legislature.
Paragraph 3: This section was omitted after the 91st Amendment in 2003
Paragraph 4: Disqualification On Ground Of Defection Not Applied In Case Of Merger
Disqualification of member is not applied in case of merger. Provided that this
merger with or into another party shall be done with the consent of at least
two-third of its legislators. In such case nor the member who decide to merge or
member who stay in original party can be disqualified on the ground of
Paragraph 5: Exemption
This section provides exemption to the speaker, chairman and deputy chairman of
various legislative houses from the disqualification on the ground of defection.
Paragraph 6: Decision On Question As To Disqualification On Ground Of Defection
In case of any question arises related to the disqualification of member then it
referred to the chairman or the speaker of the legislative house for and his
decision shall be final and binding.
Paragraph 7: Bar Of Jurisdiction Of Courts
The section of this Schedule bars the jurisdiction of any courts in the case of
disqualification of a member. But this provision is not applied or intervene the
court under Article 32, 137 and 226 of the Indian Constitution.
Paragraph 8:- Rules
This paragraph of Schedule empowers the Chairman and the Speaker to frame the
rules related to the disqualification of members of their various houses of the
Advantages Of Anti-Defection Law
Following are the advantages of anti – defection law:
- It provides stability to the government by restricting the shift of
- It ensures that candidate shall be loyal to his party and citizens also
gave vote to him’
- It also promotes party discipline.
- It allows the merger of political parties without disqualifying a member
on the ground of defection.
- It also helps in reducing corruption at the political level by
restricting the change of party.
- It provides procedure for those who defects from one party to another.