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Anti - Defection Law In India

Updated: Jul 28, 2023




Yogiraj Sadaphal, B.A.LL.B., Bharati Vidya Peeth New Law College, Pune.


ABSTRACT


The Tenth Schedule, also known as the "Anti-Defection law," was inserted to the Indian Constitution by the 52nd Constitutional Amendment Act of 1985. Defections from political parties constituted a danger to India's democracy and the ideas that underpin it. The modification was intended to reduce party defections among members at the time. The law has worked reasonably well and has helped to maintain party stability to some extent. The schedule specifies the criteria for a defecting member's exclusion from his former political party. There are several exceptions to disqualification in the legislation, such as in the case of a party merger. The purpose of this article is to provide a quick overview of the reasons listed in the Tenth Schedule. It also discuss merits and demerits of the law, current senario of the law and effects of Anti-defection law in Parliamentary Debate.


Keywords: Anti- Defection law, Parliamentary Debate, Disqualification.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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