Anti-defection law (Tenth Schedule)

Background and evolution

In the late 1960s, frequent defections destabilised state governments; the phrase "Aaya Ram, Gaya Ram" came from a Haryana legislator who changed parties several times in a single day in 1967. Committees led by Y. B. Chavan and others examined the problem, but a law came only in 1985, when the Rajiv Gandhi government passed the 52nd Amendment adding the Tenth Schedule.

The original law allowed a "split" if one-third of a legislature party broke away, which led to engineered splits. The 91st Amendment of 2003 removed this exception and also barred defectors from becoming ministers or holding remunerative political posts until re-elected.

Key features and provisions

• Grounds for disqualification: voluntarily giving up party membership; voting or abstaining against the party's direction without permission, unless condoned within 15 days; an independent member joining a party; a nominated member joining a party more than six months after taking the seat.
• Merger: no disqualification if the original party merges with another and at least two-thirds of the legislature party agree.
• Decision: by the Speaker or Chairman of the House.
• Judicial review: Kihoto Hollohan (1992) upheld the law but held that the presiding officer's decisions can be reviewed by courts on limited grounds.
• Conduct test: "voluntarily giving up membership" can be inferred from conduct, not only from formal resignation (Ravi Naik, 1994).