Schedule 10 Of The Indian Constitution “Anti Defection Law”: Maintaining Political Stability

Schedule 10 Of The Indian Constitution “Anti Defection Law”: Maintaining Political Stability; Legislative Disqualification And Judicial Review

Didwaniya Akshay Vinodkumar, National Research University “MPEI”, Moscow

ABSTRACT

In a diverse and vibrant democracy like India, the smooth functioning of the legislative bodies is essential for effective governance. However, there have been instances in the past where elected representatives, driven by personal interests or political opportunism, have engaged in the unethical practice of defection. To address this issue and preserve the stability of the political system, the framers of the Indian Constitution incorporated Schedule 10 through the 52nd Amendment Act, commonly known as the Anti-Defection Law.

The Anti-Defection Law outlines provisions and procedures that govern the disqualification of Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) in case they voluntarily give up the membership of the political party they were originally elected or defy the party's directives on voting during legislative proceedings. The schedule primarily seeks to discourage elected representatives from switching parties or betraying their party's collective decision-making process, which can lead to political instability, manipulation, and compromise the functioning of democracy.

Schedule 10 provides a detailed framework for the disqualification process, empowering the Speaker or Chairman of the respective legislative body to make decisions on disqualification petitions. The law outlines various scenarios where defection is considered valid or invalid, including instances where an elected member merges their party with another party. It also lays down rules for exemptions to disqualification, such as when one-third or more members of a party defect together.

The Anti-Defection Law ensures that elected representatives adhere to the party line during voting on critical issues, thereby safeguarding the stability and integrity of the political system. By discouraging political defections, it aims to maintain the trust and expectations of the electorate in their chosen representatives and their respective parties.

Keywords: Defection, Schedule 10, Political Stability, Anti-Defection Law, Legislative Disqualification