What is the anti-defection law, and why was it introduced?

The anti-defection law disqualifies elected legislators who leave their party or defy its whip. It was added to the Constitution as the Tenth Schedule by the 52nd Amendment in 1985.

It was introduced to stop the frequent party-hopping of the 1960s and 70s, popularly called the “Aaya Ram, Gaya Ram” politics, which toppled many governments.

A member of Parliament or a state legislature can be disqualified if they:

• Voluntarily give up membership of the party that elected them.
• Vote or abstain against the party’s direction (whip) without permission.
• Are independents who join a political party after the election.
• Are nominated members who join a party after six months.

There is an exception for a merger: if at least two-thirds of a party’s legislators agree to merge with another party, they are not disqualified. The Presiding Officer (Speaker or Chairman) decides on disqualification, and the courts can review the decision. Critics say the law limits free voting and gives too much power to party leaders, while supporters say it keeps governments stable.