Judicial Decisions Shaping The Anti- Defection Law In India
Yash Manoj Mote, LL.M.,Deccan Education Society’s Shri Navalmal Firodia Law College, Pune
ABSTRACT
“The evil of political defection has been matter of national concern, if it is not combated it will undermine the very foundation of our democracy and the principals which sustain it” stated Rajiv Gandhi, then prime minister of India while introducing anti-defection law in 1985.This article examine the historical background ,legislative intent behind the anti-defection law , misuse by political opportunists and judicial responses accordingly . Tenth schedule enacted in 1985 to curb defection and to ensure political stability across India. In present times in Maharashtra, Telangana, Manipur cases it has raise multiple questions as to role of speaker, role of election commission, reasonable time for adjudication matter related to defection and loophole and lacune in current framework. This critical analysis examines its idealism, loopholes, and judicial responses, assessing whether it ensures political stability, party discipline, and democratic integrity. Introducing fixed timelines, narrowing the merger clause, and transferring adjudicatory powers to an independent tribunal are essential.
Keywords: Anti-defection law, Tenth Schedule, merger clause, Speaker's decision, Election Commission, Telangana defections, Manipur case, judicial review
