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Anti-Defection Law In India: Constitutional Safeguard Or Political Formality

Sep 26
1 min read



P. Karthikeya, BBA LLB, Mahatma Gandhi Law College, Hyderabad.


ABSTRACT


The Anti-Defection Law was introduced in India to address the chronic problem of political defections and to maintain stability and discipline within the parliamentary system. The 52nd Constitutional Amendment Act, 1985, inserted the 10th schedule into the constitution, providing for the disqualification of elected representatives on specified grounds to prevent opportunistic floor-crossing. However, the continued occurrence of defections as raised significant questions regarding the law’s real-world effectiveness. This article examines the historical background and constitutional framework of Anti-Defection Law, evaluating its grounds for disqualification alongside practical challenges surrounding its implementation. Analyzing foundational and evolving jurisprudence up to the Supreme Court’s critical 2025 ruling. This paper assesses systematic vulnerabilities in such as deliberate adjudications delays by the Speaker, tactical resignation and the ongoing exploitation of 2/3rd mergers exception. Ultimately, this article evaluates whether the Tenth Schedule continues to serve as an effective constitutional safeguard or has faded into a mere political formality. Concluding with structural recommendations to enforce timely implementation and restore the integrity of the democratic mandate.


Keywords: Anti-Defection Law, Tenth Schedule, Constitutional Safeguard, Political formality, Judicial Review, Partisan Speaker, Mass Defection, Tactical Resignations, Legislative Discipline, Parliamentary Democracy.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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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.

 

Disclaimer:

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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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