Anti-Defection Law Explained | Constitution UPSC Prelims

Constitutional basis
10th Schedule of the Constitution

Inserted by
52nd Constitutional Amendment Act, 1985

Purpose
• To prevent political defections motivated by personal gain.
• To ensure stability of elected governments.

When does disqualification apply?

  1. Voluntarily giving up membership of the political party.
  2. Voting or abstaining against party whip without prior permission.
  3. Independent member joining a political party after election.
  4. Nominated member joining a political party after 6 months.

Decision-making authority
Speaker / Chairman of the House (subject to judicial review).

Key update
91st Constitutional Amendment Act, 2003
• Removed protection for splits.
• Only mergers supported by at least 2/3rd members are allowed

PYQ – 2025 ( Ans: D )
PYQ – 2022 ( Ans: B )
PYQ – 2019 ( Ans: D )

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Anti-Defection Law Explained | Constitution UPSC Prelims

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