Anti-Defection Law

10th schedule of the Constitution of India: Anti-Defection Law.

Provisions related to the mechanism of Anti-Defection Law have been provided under Schedule X of the Indian Constitution.



Some incidents were taken place in different-different states regards to Anti-Defection Law like Karnataka, Madhya Pradesh, and in Manipur. All over there, we see that Anti-Defection Law became a very popular topic to discuss and now it became a news all over the country as there we can see the complete violation of the Defection law in this country by the leaders of the party. This paper will aim to think that whether we have to rethink about the need of serious reforms in Anti-Defection Law?

Firstly, we have to know the meaning of Defection:

Defection in simple terms means shifting of legislators from one party to another by monetary means.

Defection in Politics means moving of a person from one party to another party for some personal benefits. It means changing party allegiance from the party on which a person got elected to a different party. It happens when a Legislature, after having been elected from a particular party leaves it or joins the other party. Basically, Defection means that an elected representative leaves the party on whose symbol he/she had been elected and joins another party (who is bribing that elected representative by bribing him/her some money, by offering a post of a minister and that elected representative for his own personal benefits in return defects to the other party). This is defection. Defection is immoral because if any person is defecting to other party, he/she is violating or infringes the trust of his/her own voters, and this is immoral because they vote him/her because of the image and strength that he/she is holding in front of voters or because of the ideology of his/her political party. And this has to be curbed.

There is a curious case of Gaya Lal, Haryana Politician (1967).

As for the first time in Haryana, there held elections in 1967. And in that election, Gaya Lal won the election as an independent candidate. Once the result declared, Gaya Lal changed his party three times in a same day within 9 hours and a slogan was famous at that time & that is “Aaya Ram, Gaya Ram” by the Indian Law Institute in 1979 in which it was stated that from 1967 to 1969 more than 1500 party defections and 313 independent candidate defections had taken place.

There was another case which was happened in Haryana. In 1979 Bhajan Lal, he toppled the state government headed by Devi Lal and he was in position to form a government. Bhajan Lal became the Chief Minister of Haryana. A year passed & in 1980 Indira Gandhi stormed back to power at the centre and Bhajan Lal along with his 40’s MLA’S joined the congress. That is what I am saying that these Defections have to be restrained. After all this, the need of anti-defection law was put forward so in order to create strict sanctions for all those who were found guilty of such conduct. The Bill was proposed by Rajiv Gandhi for Anti-Defection Laws & the Parliament enacted 52nd Amendment Act, 1985. Schedule X was added in the Constitution of our India which we called now as Anti- Defection Laws. The main aim of this law is to prevent these defections which was done by politicians and leaders so that democracy will strengthen up by making members of parliament more loyal and honest to their own parties.