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Dec 12, 2022 · The Tenth Schedule of the Constitution, also known as the anti-defection law, was added to prevent political defections.1 The rationale to curb such defections was that they undermine the foundations and principles of Indian democracy.2 The law disqualifies legislators for violating the will of their political party.
The anti-defection law deals with situations of defection in Parliament or state legislatures by: (a) members of a political party, (b) independent members, and (c) nominated members. In political scenario it is a situation when a member of a political party leaves his party and
Provisions as to disqualification on ground of defection. Interpretation.—In this Schedule, unless the context otherwise requires,— “House” means either House of Parliament or the Legislative Assembly or, as the case may be, either House of the Legislature of a State;
The Anti-defection law was passed in India in an attempt to curb political defections, and it has been said to be successful in maintaining party dis-cipline and lowering political instability. However, it is blamed for promoting horse-trading and limiting Mem-bers of Parliament’s freedom of speech.
Anti-Defection Laws was introduced in the Constitution was to combat “the evil of political defections”. The law was passed after the Late Rajiv Gandhi became the Prime Minister of the country. This law would not have been enacted if there had been no Government of Rajiv Gandhi and the majority to pass it. This law was passed
The Anti-Defection Law: Intent and Impact. The anti-defection law was passed in 1985 through the 52nd Amendment to the Constitution. The Amendment added the Tenth Schedule to the Indian Constitution, with an intent to curb “the evil of political defections”.
THE EFFICACY OF ANTI-DEFECTION LAW IN INDIA: A COMPREHENSIVE ANALYSIS Akash Dixit, Abhishek Bhatt & Shubham Saini, LLM, National Law University, Delhi ABSTRACT The anti-defection law was enacted in 1985 as part of the Constitution's 52nd Amendment. The Tenth Schedule was included to the Indian Constitution in
the law. The primary aim of the anti-defection law was to strengthen political stability and to inculcate a sense of political responsibility.8 Anti-defection laws are used to disincentivize, deter and punish members who defect. The decision to penalize defectors stemmed from a history
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The Tenth Schedule contains the anti-defection law which was inserted by a constitutional amendment to stem the ‘evil of political defections’ that had become a matter of national concern. 3 Defection
