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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 limited circumstances, the law allows legislators to change their party without incurring the risk of disqualification.
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 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.
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;
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 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 was said to “undermine the very foundations of our democracy and the principles which sustain it”.4 These were very noble aims.
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 anti-defection law, found in the Tenth Schedule to the Constitution of India, was enacted to arrest the practice of rampant floor-crossing by elected legislators, both in Parliament as well as state legislatures.
The law. The anti-defection law enshrined through the introduction of the Tenth Schedule in the Constitution of India comprises 8 paragraphs. The following is a brief summary of the contents of the law: Paragraph-1: Interpretation. This section handles the definitions of distinct terms applied in laying out the legislation.
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