The 52nd amendment act of 1985 provided for the disqualification of the
Members of parliament and the state legislatures on the ground of
Defection from one party to another. for this purpose, it made changes
In four article of the constitution [ 101,102,190,191] & added a new
Schedule (tenth schedule). This act is often referred to as the anti-
Defection law. 91st amendment act 2003.it omitted the exception
Provision, that is, disqualification on the ground of defection not to
Apply in case of split.
Provision of the Act:
Grounds for the Disqualifications:
- The tenth schedule contains the following provision with respect to the
disqualification of members of parliament and the state legislatures on the ground of defection.
- A members of a house belonging to any political party becomes disqualified for being a members of the house.
- If an elected members gives up his membership of such political
- If he votes or abstain from voting in such house contrary to any direction issued by his political party.
- If any member who is independently elected joins any party.
- If any nominated member joins any political party after the end of six
The decision on disqualification question on the ground of defection is referred to the speaker or the chairman of the house,his/her decision is
The disqualification on the ground of defection does not apply in the Following
- If a member goes out of his party as a result of a merger of the party.
A merger takes place when two-thirds of the members of the party have agreed
to such merger.
- If a member,after being elected as the presiding of house , voluntary gives
up membership of party or rejoins it after he ceases to hold that office .this
exemption has been provided in view of the dignity and impartiality of the
Any question regarding disqualification arising out of defection is to be
decided by presiding officer of the house. Originally ,the act provide that the
decision of the presiding officer is final and cannot be question in any court.
[kihoto hollon case] the supreme court
Declared this provision as unconstitutional on the ground .that it seeks to take
away the jurisdiction of the supreme court and high court .the court rejected
the contention that the vesting of adjudicatory powers in the presiding officer
is by itself invalid on the ground of political bias.
Rule Making Power
The presiding officer of a house is empowered to make rules to give effect to the provision of the tenth schedule. All such rules must be
placed before the house for 30 days.the house may approve or modify or disapprove them. According to this rule, the presiding officer can take
up a defection case only when he receives a complaint from a member of the house .before taking the final decision ,he must give the member a
chance to submit his explanation . He also refer the matter to the committee of privileges for inquiry.
- Provide stability to the government
- More concentration is possible
- Promotes party discipline
- Ensures that candidate remain loyal to the party as well as the citizens
voting for him.
The chairman of upper house M.Venkaiah Naidu Disqualified Two Janta Dal Leaders
.Sharad Yadav And Ali Anwar Ansari. The Supreme Court Judgement
Voluntary giving up the membership of the party is not
Written By: Abhishek Tripathi (University Of Lucknow)