The main intent of the law was to combat the evil of political defections. Anti defection goes against the basis of a representative democracy in which the elected representative is expected to act in public interest even in india, several commentators have highlighted the irrelevance of the anti defection law and called for reconsideration of such a legal provision. Antidefection law created by 52nd amendment act, 1985. The parliament passed the bill as a result of which anti defection act came into force on 1st april 1985 through 52nd constitutional amendment. In 1985, by way of introducing the tenth schedule in the 52nd amendment to the constitution of india, both lok sabha and rajya sabha passed the anti defection law. This amendment helped to restrict the elected members belonging to a political party to leave that party and. Anti defection law definition defection means switching sides for ones own vested interests. The much awaited anti defection laws was passed by the parliament in 1985. It lays down the process by which legislators may be disqualified on grounds of defection by the presiding officer of a legislature based on. The law was added via the 52nd amendment act, 1985, soon after the rajiv government. It refers to the aaya ram, gaya ram culture, a phrase coined after haryana mla gaya lal changed his party twice in one day and thrice within a fortnight in 1967. The tenth schedule popularly known as the anti defection act was included in the constitution in 1985 by the rajiv gandhi ministry and sets the provisions for disqualification of elected members on the grounds of defection to another political party.
There are several issues in relation to the working of this law. The tenth schedule popularly known as the antidefection act was included in the constitution in 1985 by the rajiv gandhi ministry and sets the provisions for disqualification of elected members on the grounds of defection. In its official documentation of the amendment, the law ministry lists down the objectives of the act, an. Antidefection antidefection what is antidefection law. This law also applies to the nominated candidates, who have a time slot of 6 months to choose any one of the available political. The anti defection law defines the grounds under paragraph 2 of the schedule. The tenth schedule of indian constitution is popularly known as the antidefection act. Gehlot with the deteriorating political situation in the country the trend of political defections has once again acquired new dimensions in our federal set up and it brought to the limelight the loopholes in the anti defection law, 1985, enacted by the then. In response to this, rajiv gandhis government brought anti defection law to prevent such political defections in the year 1985. The antidefection law of 1985 and the latest constitutional amendment. For this purpose, it made changes in four articles 1 of the constitution and added a new schedule the tenth schedule to the constitution. Finally, in 1985, the rajiv gandhi government brought a bill to amend the constitution and curb defection. The 52nd amendment to the constitution laid down rules and procedures for restricting members of. The tenth schedule of the indian constitution, also called the anti defection act, was amended in 1985 to prevent political defections and stop politicians from changing parties for the lure of.
The 52nd amendment to the constitution added the tenth schedule and amended various articles like 101, 102, 190 and 191 and its purpose was the incorporation of the process by which legislators could be disqualified in case of defection committed by. The 52nd amendment to the constitution added the tenth schedule which laid down the process by which legislators may be disqualified on grounds of defection to another political party. The antidefection law in india, formerly known as the tenth schedule to the indian constitution. It was introduced by way of the 52nd amendment in the constitution, which inserted tenth schedule in the constitution. The 10th schedule to the constitution, popularly referred to as the anti defection law, was inserted by the 52nd amendment in 1985. 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 political party to another. Defection basically means desertion from allegiance, loyalty, duty or the like. The anti defection law was passed through an act of parliament in 1985 by the the government of rajiv gandhi.
Hence, defection has no immediate and automatic effect. This amendment makes it mandatory for all those switching political sides whether singly or in groups to resign their legislative membership. There is no easy way to plug all the loopholes in the anti defection act. Defection has been defined as, to abandon a position or association, often to join an opposing group the advanced law lexicon defines defection as, crossing the floor by a member of a legislature is called defection. These members were elected on a janata dal united ticket. The parliament in 1985, by the 52nd constitutional amendment, sought to check this tendency. Also according to the act, any decision regarding the defection issue shall be made by the chairman or the speaker as the case may be, such decision shall be the final. By 91st amendment act, 2003, a provision was omitted in the law. Restricting the rigours of the party whip would ensure that every government strives not only for crossparty consensus on legislation, but also reaches. Constitution 52 nd amendment act, 1985 provided provisions related to anti defection in india. In a way, the anti defection law was subject to scathing attack by constitution experts and law men, as it was an invasion on the free speech guaranteed to legislators. Rajiv gandhi government was the main initiator for the introduction of this law.
Interpretation in this schedule, unless the context otherwise requires, a house means either house of parliament or the legislative assembly or, as the case may. Passed as the 52nd amendment act, it added the law as the 10th schedule of the constitution. The 10th schedule of the constitution, which contains the anti defection law, was added to the constitution through this amendment. A few parliamentary democratic nations such as india, pakistan, and bangladesh, have enacted an anti defection law, which prohibits a member of the legislature from switching to another party after being elected. On monday, december 4, the chairman of rajya sabha disqualified two members of parliament mps from the house under the tenth schedule of the constitution better known as the anti defection law for having defected from their party. There are several issues in relation to the working of this law which need to be discussed. The antidefection law was passed in 1985 through the 52nd amendment to the constitution, which added the tenth. Earlier, the tenth schedule was related to the association of sikkim with india and this schedule was repealed via the 36th amendment act once sikkim became the fullfledged state of india. This bill is meant for outlawing defection and fulfilling the above assurance. The constitution fiftysecond amendment act, 1985 15th february, 1985. India is closing in on nearly three decades of having an antide fection law in force. It was included in the constitution in 1985 by the rajiv gandhi government. Be it enacted parliament in the thirtysixth year of the republic of india as follows.
Anti defection law was inserted in the indian constitution in 1985 by the 52 nd amendment act of 1985. In 1985, through the 52 nd amendment, a new schedule was inserted to the constitution of india in the form of tenth schedule, which to common people is better known as anti defection law. In this amendment, articles 101, 102, 190 and 191 were changed. With a view to stop this, the anti defection law came into existence. The 10 th schedule to the constitution, popularly referred to as the anti defection law, was inserted by the 52 nd amendment in 1985 by rajiv gandhi government and sets the provisions for disqualification of elected members on the grounds of defection to another political party the main intent of the law was to deter the evil of political defection by legislators. The 91st amendment to the constitution was enacted in 2003 to tighten the antidefection provisions of the tenth schedule, enacted earlier in 1985. In order to curb the menace, an anti defection act was passed by parliament in 1985. The antidefection law was passed by parliament in 1985 strengthened in 2002. Now lets talk about defection according to anti defection law. The tenth schedule was inserted in the constitution in 1985 by the 52nd amendment act. After split karnataka verdict, understanding the anti. Anti defection laws are the laws that prevent defection. The bill received presidents approval on 15th february 1985 and the act came into effect. The parliament passed the bill as a result of which antidefection act came into force on 1st april 1985 through 52nd constitutional amendment.
Act, the tenth schedule, popularly known as the antidefection law, was added to. What is the antidefection law in india, and is it working. It was only in 1985 that the anti defection law was engrafted into the constitution with the insertion of the tenth schedule. Inserted in the constitution of india by way of the 52nd. In india, the politics of defection have been the primary vices of the parliamentary system. Anti defection law, 1985 10th schedule iasmania civil. The manner in which the bjp engineered a majority in uttar pradesh has lent urgency to the demands to amend the law to ban defections. Rajiv gandhi government imposed a ban on defection through 52 nd amendment act. In simpler words, these rules prohibit the candidates who have lost the election from a particular political party, to change their party postelection. The anti defection act, incorporated in the tenth sc.
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