The Indian Constitution In Relation To The Anti- Defection Law

Pratigya Kumari, B.A. LL.B., KIIT School of Law, Bhubaneshwar, Odisha

ABSTRACT

Although anti-defection laws have been adopted by a significant number of States in recent decades, little attention has been paid by the literature on party unity in democratic legislatures to comprehending the circumstances that give rise to the adoption of such restrictive measures on elected deputies’ mobility. The issue of party loyalty and floor-crossing has been a long- standing concern in India’s political landscape as well. In response to this, the Indian government has introduced the Anti-Defection Law, which aims to curb the practice of legislators switching allegiances for personal or political gain. The Anti-Defection Law in India, enacted in 1985 through the 52nd Amendment to the Constitution, aims to curb political defections and maintain the stability of parliamentary democracy. This research paper examines the law’s historical context, its key provisions, and its impact on political behaviour and party dynamics. Political defections continue despite the law’s intended prevention of opportunistic moves by elected representatives, casting doubt on its effectiveness. The study examines a number of defection-influencing issues, such as political corruption and the attraction of ministerial positions, and it also evaluates criticisms of the way it restricts dissent and legislative independence. Incidents of defections after the introduction of the Tenth Schedule through the 52nd Constitutional Amendment Act have also been discussed after going through several case reports. Incidents of defections after the introduction of the Tenth Schedule through the 52nd Constitutional Amendment Act have also been discussed after going through several case reports. Secondary sources such as books, blogs, news reports, research articles and journals have been used to draw up conclusions for this paper.

Keywords: Anti-defection, Tenth Schedule, Constitution, Elected Representatives