Introduction

The 52nd Constitutional Amendment Act, 1985 introduced the Anti-Defection Law in India. It added the Tenth Schedule to the Constitution with the objective of curbing political defections by legislators and ensuring stability in governments.

The amendment was enacted during the tenure of Prime Minister Rajiv Gandhi in response to frequent party-switching by elected representatives, popularly referred to as the “Aaya Ram, Gaya Ram” phenomenon.

Key Provisions

Insertion of the Tenth Schedule

• Laid down provisions regarding disqualification of Members of Parliament (MPs) and Members of State Legislatures (MLAs) on grounds of defection.

Grounds for Disqualification

A legislator can be disqualified if:

• He voluntarily gives up membership of the political party on whose ticket he was elected.
• He votes or abstains from voting in the House contrary to the party whip without prior permission.
• An independent member joins a political party after election.
• A nominated member joins a political party after six months of nomination.

Decision-Making Authority

• The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha (and respective Presiding Officers in State Legislatures) decides on disqualification cases.
• The decision is subject to judicial review.

Exception (Original Provision)

• The Act allowed exemption in case of a split in a political party if one-third of members defected.
• This provision was later removed by the 91st Constitutional Amendment Act, 2003.

Objectives

• Prevent political instability caused by frequent defections.
• Promote party discipline.
• Strengthen the parliamentary system.
• Maintain the integrity of the electoral mandate.

Judicial Interpretation

In the case of , the Supreme Court upheld the constitutional validity of the Tenth Schedule.

The Court ruled that:

• The Speaker’s decision is subject to judicial review.
• Judicial review is permissible after the Speaker’s decision is made.

Criticisms

• The Speaker, being a political figure, may act in a partisan manner.
• Reduces the independence of legislators by enforcing strict party discipline.
• Encourages centralization of power within political parties.
• Delays in decision-making often weaken the effectiveness of the law.

Significance

• Marked a major reform in India’s parliamentary democracy.
• Attempted to address instability arising from opportunistic defections.
• Strengthened the role of political parties in legislative functioning.

Conclusion

The 52nd Constitutional Amendment Act, 1985 institutionalized the Anti-Defection Law through the Tenth Schedule, aiming to ensure political stability and party discipline. While it has reduced open defections, debates continue regarding its impact on legislative independence and the need for procedural reforms.