Anti-Defection Law And Its Loopholes

Khurshid Alam Sodial, LL.M, Royal Global University

ABSTRACT

To address the perceived issue of Members of Parliament (MPs) / Members of Legislative Assembly (MLAs) switching their affiliation from the parties they supported at the time of election or defying their parties at risky times, such as during voting on a crucial resolution, etc, the Anti-Defection Law, or 10th Schedule, of the Constitution of India, was incorporated 1985 by the 52nd Amendment Act in the Indian Constitution. The primary goal of the Anti-Defection law was to combat "the evil of political defection," but so far, it hasn't been successful in doing so because political defections still occur regularly. The current paper aims to provide a concise analysis of the justification for and the exception mentioned in the tenth schedule. Additionally, it focuses on the gaps in the Tenth Schedule, which are discussed with useable examples from recent instances of defection in India. We can observe how different political parties use and abuse this 35-year law as it becomes more established. The purpose of this paper is to examine the clauses that render the Tenth Schedule somewhat ineffective and unsatisfactory. It also considers the future and the position of the necessary legal development.

Keywords: Anti-Defection Law, India, Constitution of India, Political Defection