Q. Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?

• Second Schedule
• Fifth Schedule
• Eighth Schedule
• Tenth Schedule

Answer: (d) Tenth Schedule

Anti Defection Law

• Defection refers to switching political allegiance, particularly when a member of a political party leaves the party and joins another party or becomes independent. 
• The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for another.
• Parliament added it to the Constitution as the Tenth Schedule in 1985. Its purpose was to bring stability to governments by discouraging legislators from changing parties.
  • The Tenth Schedule – popularly known as the Anti-Defection Act – was included in the Constitution via the 52^nd Amendment Act, 1985.
  • It sets the provisions for disqualification of elected members on the grounds of defection to another political party.
  • It was a response to the toppling of multiple state governments by party-hopping MLAs after the general elections of 1967.
• However, it allows a group of MP/MLAs to join (i.e., merge with) another political party without inviting the penalty for defection. And it does not penalize political parties for encouraging or accepting defecting legislators.
  • As per the 1985 Act, a ‘defection’ by one-third of the elected members of a political party was considered a ‘merger’.
  • But the 91^st Constitutional Amendment Act, 2003, changed this and now at least two-thirds of the members of a party must be in Favour of a “merger” for it to have validity in the eyes of the law.
• The members disqualified under the law can stand for elections from any political party for a seat in the same House.
• The decision on questions as to disqualification on ground of defection are referred to the Chairman or the Speaker of such House, which is subject to ‘Judicial review’.
  • However, the law does not provide a timeframe within which the presiding officer has to decide a defection case.

Grounds of Disqualification

• Disqualification:
  • If an elected member voluntarily gives up his membership of a political party.
  • If he votes or abstains from voting in such House contraryto any direction issued by his political party or anyone authorized to do so, without obtaining prior permission.
    • As a pre-condition for his disqualification, his abstention from voting should not be condoned by his party or the authorized person within 15 days of such incident.
  • If any independently elected member joins any political party.
  • If any nominated member joins any political party after the expiry of six months.
• Exceptions: The above disqualification on the ground of defection does not apply in the following two cases:
  • Merger: If a member goes out of his party due to a merger of the party with another party. A merger takes place when two-thirds of the members of the party have agreed to such a merger. 
  • Presiding Officer: If a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office. This exemption has been provided in view of the dignity and impartiality of this office. 
• Deciding Authority: The Speaker of the House or the Chairman of the Legislative Council, as the case may be, has the authority to decide on questions relating to defection, and his or her decision is final and cannot be challenged in any court.
• Rule-Making Power: The presiding officer of a House is empowered to make rules to give effect to the provisions of the Tenth Schedule. According to the rules made so, the presiding officer can take up a defection case only when he receives a complaint from a member of the House.