It aims to cure the problems related to the culture of aaya ram gaya ram, in which legislators used to change parties frequently in indian polity. Heres everything you need to know about antidefection law. The antidefection law sought to prevent such political defections which may be due to reward. Rajiv gandhi government was the main initiator for the introduction of this law. Aaya ram gaya ram was a phrase that became popular in indian politics after a haryana mla gaya lal changed his party thrice within the same day in 1967. Antidefection law 107 january march, 2012 the emphasis on debates and discussions is an intrinsic feature of the indian legislature as well. What is anti defection law the tenth schedule 52nd amendment was inserted in the constitution in 1985. Daily current affairs mcq upsc ias 719 pdf download. Oct 09, 2017 lets start with the meaning of word defection. The tenth schedule was inserted in the constitution in 1985 by the 52nd. Sep 11, 2019 for such reasons, antidefection was necessary for stabilizing the indian politics and prevents such political defections which happened only to get some political reward or similar consideration.
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. The ninth schedule of the constitution which pertains to the antidefection act was amended by rajiv gandhi in 1985 to prevent such defections and stop. Anti defection law, 1985 10th schedule iasmania civil. Antidefection law has discouraged politicians to shift gears for their personal gain.
It may be recalled that the first victim of antidefection law as contained the. The law is made to stand on its head by the legislators. Any legislator who does not act in accordance with the party whip on any issue may be disqualified from the membership of the legislature. However, the law provided relaxation for mergers and splits of political parties, which. The antidefection law of 1985 and the latest constitutional amendment. This amendment helped to restrict the elected members belonging to a political party to leave that party and. The 52nd amendment act, 1985 lead to amendment in article 101, 102, 190 and 191 of the constitution to provide the grounds for vacation of seats for the disqualification. Earlier, 10th schedule was related to association of sikkim with india. Once, sikkim became full fledged state, this schedule was repealed via the 36th amendment act.
It lays down the process by which legislators may be disqualified on grounds of defection by the presiding officer of a legislature based on a petition by any other member of the legislature. In simpler words, these rules prohibit the candidates who have lost the election from a particular political party, to change their party postelection. There have been a large number of cases of defections and how they have been handled. Statement of objects and reasons appended to the constitution fifty second amendment bill, 1985 bill no. Here is all you wanted to know about the anti defection law ht explains pros and cons of the controversial anti defection law that is often invoked just before trial of strength to manipulate. Antidefection 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 antidefection law and called for reconsideration of such a legal provision.
Anti defection law is not only practiced in india but it is prevalent in various other countries like bangladesh, kenya, south africa, etc. Antidefection law the challenges the object of antidefection law was to bring down the political defections but due to ever increasing political dishonesty and corruption this law never evolved properly and now the question is that whether achieving the goals of this law is a reality or a myth. Jul, 2019 the ball is now in speakers court as he has powers to invoke the 10th schedule of the constitution, also known as the antidefection act. The law does not define whether the defection is a one time affair or a continuous one.
Vice president m venkaiah naidu has advocated a need for an amendment to the antidefection law, setting a specific timeframe for disposing of defection cases. 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 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 to another political party. The ball is now in speakers court as he has powers to invoke the 10th schedule of the constitution, also known as the antidefection act. Defection was very common in 1980s and 1990s and hence the antidefection law was enacted in 52 nd amendment act, 1985 so as to maintain the political stability, discourage and prevent political defections, strengthen the indian parliamentary democracy by curbing unprincipled and unethical political defection which reduces political corruption. Amendment act, 1985 and antidefection law and 10th. Pdf ananalyticalstudyonthepoliticsofdefectioninindia. The main intent of the law was to combat the evil of political defections. Defecting party members posed a threat to the very. The antidefection law was passed in 1985 through the 52nd. If, in the case of a merger, the same is not endorsed by the twothird members of the party, which wants to merge itself.
By 91st amendment act, 2003, a provision was omitted in the law. The antidefection law needs to be looked into again by the law makers and reformed in light of the experience of its implementation since 1985. As in the indian political scene for a long time, the legislators used to change. It was included in the constitution in 1985 by the rajiv gandhi government.
Rajiv gandhi, the then prime minister of india, proposed a bill to remove the evils of defection. The antidefection law was passed in 1985 to combat the evil of political defections. The anti defection law sought to prevent such political defections which may be due to reward of office or other similar considerations. Defection basically means desertion from allegiance, loyalty, duty or the like. Yet the speaker did not act on their disqualification. It aims to cure the problems related to the culture of aaya ram gaya ram, in which legislators used to. Hence, as per the 1985 act, a defection by onethird of the elected members of a political party was considered a merger. Jan 27, 2015 the antidefection law was enacted through the 52nd amendment in 1985 and enshrined in the tenth schedule. The antidefection law is contained in the 10th schedule of the constitution. The antidefection law in india, formerly known as the tenth schedule to the indian constitution, is a punitive law that seeks to address political defection by preventing legislators from shifting allegiance to the parties they represent or disobeying their parties decisions in critical times such as voting on an important resolution defection by legislators is faced by many other. The antidefection law was passed through an act of parliament in 1985 by the the government of rajiv gandhi. Jan 25, 20 the antidefection law in india turns this concept on its head.
The tenth schedule was inserted in the constitution in 1985. The anti defection law in india, formerly known as the tenth schedule to the indian constitution, is a punitive law that seeks to address political defection by preventing legislators from shifting allegiance to the parties they represent or disobeying their parties decisions in critical times such as voting on an important resolution. The antidefection law in india, also known as the tenth schedule to the indian constitution. The antidefection law was passed by parliament in 1985 and reinforced in 2002. Oct, 2016 the antidefection law, introduced by the constitution fiftysecond amendment act, 1985 as amended by the constitution ninetyfirst amendment act, 2003 lays down the conditions regarding disqualification, on ground of defection. It was made to bring stability to structure of political system by preventing the frequent change of parties by members. Anti defection law was inserted in the indian constitution in 1985 by the 52 nd amendment act of 1985. If 23rd of the members of the legislature party decide to merge with another party, neither the 23rd nor the remaining rd lose membership,if rd exist as a separate group.
The constitution fiftysecond amendment act, 1985 rajiv gandhi government introduced the bill on anti defection in the house and the congress had an overwhelming majority hence the bill was passed by lok sabha on 30th january 1985 and by rajya sabha on 31st january 1985, after the president assent the became operational from 1st march 1985. This act lays down the provisions for disqualification of elected members on the grounds of defection to a different political party. The antidefection law was passed in 1985 through the 52nd amendment to the constitution, which added the tenth schedule to the indian constitution. The legislative journey of the antidefection law is long and chequered. Antidefection laws are the laws that prevent defection. The loops and holes remain in the act and hence what cannot be done by a large group can be done after the split. In its official documentation of the amendment, the law ministry lists down the objectives of the act, an. This is how the law the tenth schedule of the constitution, inserted by the constitution 52nd amendment act, 1985, when rajiv gandhis government was in power came to be, and how it evolved over the three decades that followed. Sabha disqualification on ground of defection rules, 1985 were framed which. The 10th schedule of the indian constitution which talks about the antidefection law is designed to prevent political defections prompted by the lure of office or material benefits or other like considerations. A party may merge with another or the two may form a new party.
Analysing the anti defection law anjali gupta campus law centre, university of delhi, new delhi abstract the 52nd constitutional amendment act of 1985 added the tenth schedule to the indian constitution, popularly known as the antidefection law. Antidefection law created by 52nd amendment act, 1985. Dec 06, 2017 the anti defection law seeks to provide a stable government by ensuring the legislators do not switch sides. What is the anti defection law and how is it implemented. The split by rd members of a party have been deleted through the 91 st amendment act of 2003. Defectors are also called fence sitters or turn coats. The grounds for disqualification under the antidefection laws are as follows. What is the antidefection law in india, and is it working.
The tenth schedule popularly known as the antidefection act was included in the constitution in 1985 via the 52nd amendment act, 1985. 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. The 10 th schedule to the constitution, popularly referred to as the antidefection 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. 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. Jul 24, 2008 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 to another political party. The seeds of the antidefection law were sown after the general elections in 1967. However, this law also restricts a legislator from voting in line with his conscience, judgement and interests of his electorate. Does the anti defection law affect the ability of legislators to make decisions. There is no easy way to plug all the loopholes in the antidefection act. Anti defection law is not only practiced in india but it is provided by various other countries like bangladesh, kenya, south africa, etc. Such a situation impedes the oversight function of the legislature over the government, by ensuring that.
The tenth schedule was inserted in the constitution in 1985 by the 52nd amendment act. Here is all you wanted to know about the antidefection law. Disqualification of the members of parliament and the state legislatures on the grounds of defection from one political party to another was provided by the 52 nd amendment act of 1985 the act made changes in four articles 101, 102, 190, 191 of the constitution and added the tenth schedule new schedule to the constitution. It lays down the process by which legislators may be disqualified on grounds of defection by the presiding officer of a legislature based on a petition by any other member of the house. Oo the first antidefection law stated that any individual cannot change party on the ticket heshe is chosen. Introduction anti defection law, contained in the tenth schedule of the constitution was introduced in the 52nd amendment during the tenure of rajiv gandhi. Antidefection law the challenges legal service india. The parliament passed the bill as a result of which antidefection act came into force on 1st april 1985 through 52nd.
Polity and governance one year current affairs set 2 upsc 2020. What is the antidefection law in india, and is it working as. It needs minimum of rd members of a party to join another party. It was passed through the constitution 52nd amendment act, 1985 and came into effect the same year. The anti defection law is a crucial topic for your ias examination. A party could be merged into another if at least onethirds of its party legislators. The antidefection law seeks to provide a stable government by ensuring the legislators do not switch sides. Antidefection law was inserted in the indian constitution in 1985 by the 52 nd amendment act of 1985. Laws against party switching, defecting, or floorcrossing in. Read the meaning of antidefection and other provisions included in the 10th schedule. Chapter3 entitled disqualification, split and merger.
The tenth schedule was inserted in the constitution in 1985, by the 52nd amendment act. A person shall not be disqualified if his original political party merges with. Now lets talk about defection according to antidefection law. Rajiv gandhi government imposed a ban on defection through 52 nd amendment act. The purpose for enacting the constitution fifty second amendment act, 1985 i. The law was added via the 52nd amendment act, 1985, soon after the rajiv government. Purpose to curb political defection by the legislators. Anti defection law is contained in the tenth schedule of the constitution, which was introduced by the 52 nd amendment in 1985 during tenure of rajiv gandhi.
Now the practice is the other way around twothirds of the members or more move out and then they merge with the new party. For this purpose, it made changes in four articles 1 of the constitution and added a new schedule the tenth schedule to the constitution. The tenth schedule introduced the antidefection law in india by laying down that legislators who voluntarily give up membership of the party they belong to and legislators who disobey the whip issued by the party with regard to. 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. However, it also revealed many deficiencies in the act and even at times failed to prevent defections. In 1985, the tenth schedule of the 52nd amendment to the constitution of india was.
The tenth schedule of the indian constitution, also called the antidefection act, was amended in 1985 to prevent political defections and stop politicians from changing parties for the lure of. The law was added via the 52nd amendment act, 1985, soon after the rajiv government came to power with a thumping majority in the wake of the assassination of prime minister indira gandhi. Jun 20, 2019 anti defection laws are the laws that prevent defection. The evil of political defections became a matter of national concern. The anti defection law seeks to provide a stable government by ensuring the legislators do not switch sides. The constitution fiftysecond amendment act, 1985 rajiv gandhi government introduced the bill on antidefection in the house and the congress had an overwhelming majority hence the bill was passed by lok sabha on 30th january 1985 and by rajya sabha on 31st january 1985, after the president assent the became operational from 1st march 1985.
The antidefection law under the 10th schedule of the indian constitution was enacted through the 52nd amendment act of 1985. Apr 20, 2016 all the aspects,interpretation of supreme court and the law itself explained in detail. This implies that the decision of the party leadership will override all other considerations. Antidefection law appeared in news recently in connection with political developments in karnataka, goa and some other states. Schedule introduced the antidefection law in india by laying down that legislators who voluntarily give up membership of the party they belong to and legislators who disobey the whip issued by the party with regard to. Earlier this tenth schedule was related to the association of sikkim which was later rep. It was introduced by way of the 52 nd amendment in the constitution, which inserted tenth schedule in the constitution. It was introduced by way of the 52nd amendment in the constitution, which inserted tenth schedule in the constitution. Passed as the 52nd amendment act, it added the law as the 10th schedule of the constitution. The law does not clearly say in what manner the principle of l3rd for split or of 23rd in case of merger shall operate. The evil of political defections has been a matter of national concern. So, in order to restrain such practice, the rajiv gandhi government in 1985 introduced anti defection laws in the indian constitution. It was enacted by parliament and came into effect in 1985. Download 10th schedule notes pdf for ias mains gs 2 2020.
In this article, we will cover all upsc examworthy details of this law including its introduction into the constitution of india, its interpretation, limitations, as well as the reforms made to it. After split karnataka verdict, understanding the anti. It took further 17 years to pass the antidefection law in 1985. To discourage the practice of defection of members from one party to another after their election, the constitution fiftysecond amendment act, 1985 was enacted by the parliament. Constitutional validity of anti defection laws aapka. Disqualification on ground of defection does not apply in case of merger of political parties. It lays down the process by which legislators may be disqualified on grounds of defection by the presiding officer of a legislature based.
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