Anti-Defection Law (ADL) 

What is Defection?

• Political defection refers to a legislator elected on one party’s ticket switching loyalty to another party.
• Often driven by personal gain (ministerial positions, rewards).
• Undermines electoral mandate and destabilizes governments.
  

What is the Anti-Defection Law (ADL)?

• A legal framework to prevent political defections and ensure party discipline.
• Provides disqualification of MPs/MLAs for violating party directions or switching parties.
• Enacted through 52nd Constitutional Amendment Act, 1985, adding the Tenth Schedule.
  

Constitutional Provisions

• 52nd Amendment Act, 1985:

• • Added the Tenth Schedule.
  • Amended Articles 101, 102, 190, 191 (vacation and disqualification of seats).
    
• 91st Amendment Act, 2003:
  • Capped the size of Councils of Ministers at 15% of House strength.
  • Disqualified defectors from being appointed as ministers or to any remunerative political post.
  • Removed protection for one-third split in the legislature.
    

Provisions under the Tenth Schedule

• Grounds for Disqualification:

• For MPs/MLAs from Political Parties:

• • • Voluntarily giving up membership.
    • Voting/abstaining against party direction without prior permission (unless condoned within 15 days).
  • For Independent Members:
    • Joining a political party after election leads to disqualification.
  • For Nominated Members:
    • Can join a party within 6 months of taking seat; after that, joining leads to disqualification.
• Exceptions:
  • Merger Clause: No disqualification if 2/3 of party members merge with another party.
  • Presiding Officers: Exempted if they resign from the party upon being elected as Speaker/Chairperson.
    

Deciding Authority

• Presiding Officer (Speaker/Chairman) decides disqualification cases.
• No time limit specified for decision.
• Subject to Judicial Review:
  • Kihoto Hollohan v. Zachillhu (1992): SC upheld judicial review and clarified that Speaker acts as a tribunal in such matters.
    

Rule-Making Powers

• Presiding Officer can frame rules for implementing the Tenth Schedule.
• Rules must be tabled before the House for 30 days.
• Breach of rules can be treated as breach of privilege.
• Complaint must be received from another member.
• Accused member is entitled to explain before action is taken.
• Case can be referred to Committee of Privileges.
  

Advantages of ADL

• Curbs political opportunism and corruption.
• Enhances political stability and party discipline.
• Legally recognizes role of political parties.
• Facilitates mergers but discourages random individual defection.
• Reduces cost and frequency of mid-term elections.
  

Criticisms of ADL

• Suppresses legitimate dissent; treats disagreement as disloyalty.
• Encourages party dictatorship; limits freedom of conscience.
• Allows group defection (merger) but not individual—irrational distinction.
• Discriminates between independent and nominated members.
• Vests decision in Presiding Officer—often politically biased, legally untrained.
  

Conclusion

• ADL has brought stability but is seen as an anti-democratic tool at times.
• Needs reform to:
  • Differentiate between defection and dissent.
  • Ensure neutral adjudication (e.g., by an independent tribunal or EC).
• As democracy evolves, the ADL must balance party discipline with individual freedom and accountability.