Merely just four months have passed and congress once again in the brink of “losing” one more state after “winning” the election.

First, Jyotiraditya Scindia in Madhya Pradesh and Now Sachin Pilot in Rajasthan. The oldest political party of country is facing a severe crisis as never been seen before. After the disagreement on various issues Sachin Pilot has openly come against the party leadership in Rajasthan. Congress’s top brass is trying to amend things but also sternly stated that if Pilot and his supporters will revolt against the party or try to topple the government in state with the help of BJP, they will have to face the disciplinary action.

The Anti defection law

There was a time in Indian politics when a “netaji” from haryana MLA Gaya Lal changed his party not once or twice but thrice in a single day. After that the phrase “aaya raam, gaya raam” became popular in political circuit. The trend to leave a party and join a new or again leave that, had become a trend. Several parties in India continued to be involved in this type of political horse-trading to grab the power.

To end this trend, an anti defection law was passed in 1985. The law was inserted by the 52nd constitutional amendment Act in the Tenth Schedule. It lays down the process by which legislators may be disqualified on grounds of defection by the presiding officer/Speaker of a legislature based on a petition by any other member of the house. The law applies to both Parliament and state assemblies.

Important Features of the law

• A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote. This rule implies on them too who abstain from the voting or vote against the party whip on any issue.  

•A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.

• A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule.

Exception under the law

The law allows a party to merge with into another party, but at least two-thirds of its legislators are in favour of the merger.

If a new political party is created by the elected members of one party.

Those members of the party who haven’t accepted the merger between the two parties and opted to perform as a separate group from the time of such a merger.
In such a scenario, neither the members who decide to merge, nor the ones who stay with the original party will face disqualification.

This law has certainly  been able to curb the defection to a great extent. But In recent years what happened in Goa, Karnataka & MP are some fresh examples of the loopholes of this law. This shows that the law needs a relook in order to plug these loopholes. Though one cannot deny that this law has served as one of the most important legislation  Indian Parliament has enacted.