Sai Navya Kurra, B.A.L.L.B (Hons) School of Law, Mahindra University, Hyderabad
ABSTRACT
Defection refers to a conscious abandonment of duty or allegiance. The Anti defection law was introduced into the Constitution of India through the 52nd Amendment act, 1985 and was inserted into the 10th Schedule. A legislator is said to have defected if he/she voluntarily gives up the membership of his/her party or disobeys the directives of a party leadership issued by a political whip on a vote. The Anti Defection Law binds the legislators to the official position taken by the representative’s party and penalises those legislators who act independently thus undermining the core principles of a parliamentary democracy. A democratically elected representative represents the needs and the interests of the people in the legislative houses of the country. If he/she/they go against the official position of his/her/their political party in order to protect the interests of the people who elected the representatives, the representative will be at the risk of being disqualified on the grounds of defection. Through this paper, the author aims to analyse the anti-defection law in the light of the impact it has on a democratic society and whether it is a guard for a democratic system or acts as a death knell for dissent.
Keywords: Anti Defection Law, 10th Schedule, Dissent, Democracy, Disqualification, Indian Constitution, Parliamentary Democracy.
