On April 26, 2026, the Aam Aadmi Party (AAP) moved a petition before the Rajya Sabha Chairman, C.P. Radhakrishnan, seeking the disqualification of seven of its MPs (including Raghav Chadha and Swati Maliwal) who defected to the BJP.
- The Dispute: The defecting group claims protection under the “two-thirds merger rule” (7 out of 10 MPs).
- The AAP’s Stand: The party argues that for a valid merger under the 10th Schedule, the “original political party” (the organizational structure) must merge, not just the “legislative party” (the elected members).
What is the Anti-Defection Law in India?
The Anti-Defection Law was enacted to ensure stability in the government by preventing elected legislators from switching parties for personal gain or office.
- Genesis: It was inserted into the Constitution via the 52nd Amendment Act, 1985.
- Purpose: To combat the “Aaya Ram, Gaya Ram” culture that plagued Indian politics in the 1960s and 70s.
- The Deciding Authority: The Chairman or the Speaker of the House has the absolute power to decide on disqualification.
- Judicial Review: Initially, the Presiding Officer’s decision was final. However, in the Kihoto Hollohan case (1992), the Supreme Court ruled that the decision is subject to judicial review to check for mala fide intent.
The 10th Schedule: Key Provisions
The 10th Schedule lists the grounds for disqualification and the exemptions:
- Grounds for Disqualification:
- Voluntary Giving Up of Membership: If an elected member resigns from their party or behaves in a way that implies they have left the party.
- Violation of Whip: If a member votes (or abstains) against the directions of the party without prior permission.
- Independent Members: If an independent candidate joins a political party after the election.
- Nominated Members: If they join a party after six months of taking their seat.
- The “Merger” Exception: * Disqualification does not apply if two-thirds of the members of a legislative party agree to a merger with another party.
- Note: The 91st Amendment (2003) removed the “split” provision (which allowed 1/3rd of members to break away), making only “mergers” (2/3rd) valid.
Incidents of Defection in India (Historical Context)
Defection has been a recurring theme in Indian democracy, often leading to the collapse of state governments:
- Haryana (1967): Gaya Lal, an MLA, changed parties thrice in a single day, giving birth to the phrase “Aaya Ram, Gaya Ram.”
- Karnataka (2019): 17 MLAs from Congress-JD(S) resigned, leading to the fall of the Kumaraswamy government. The SC later upheld their disqualification but allowed them to contest by-elections.
- Maharashtra (2022): The Eknath Shinde-led split in the Shiv Sena. The SC (Subhash Desai Case, 2023) clarified that the “Whip” and “Leader” must be appointed by the political party, not just the legislative wing.
- Current AAP Case (2026): Unique because it involves the Upper House (Rajya Sabha) and tests the definition of “original party” vs. “legislative party.”
Significance of the Law
- Political Stability: It prevents frequent changes of government, ensuring a fixed tenure for policies.
- Party Discipline: It strengthens the hands of the party leadership to ensure members adhere to the party’s manifesto.
- Democratic Ethics: It protects the mandate of the voters who elected a representative based on a specific party affiliation.
- Challenges: Critics argue it restricts the Freedom of Speech of MPs/MLAs, as they cannot vote according to their conscience if it differs from the party line.
Practice Questions
For Prelims (PT)
Q. Under the 10th Schedule of the Indian Constitution, who is the final authority to decide on the disqualification of a Rajya Sabha member?
A) The President of India
B) The Election Commission of India
C) The Chairman of the Rajya Sabha
D) The Supreme Court of India
Answer: C) The Chairman of the Rajya Sabha.
For Mains
Q. “The Anti-Defection Law has succeeded in preventing individual defections but has failed to stop en masse defections disguised as mergers.” Critically analyze this statement in light of recent political developments in India.