The anti-defection law, explained

In 1967, a Haryana legislator named Gaya Lal changed parties several times within a short span, giving Indian politics the phrase “Aaya Ram, Gaya Ram”. Nearly two decades later, Parliament responded with the anti-defection law.

What the law says

The Tenth Schedule of the Constitution, inserted by the 52nd Amendment Act, 1985, applies to members of Parliament and of state legislatures. A member elected on a party ticket can be disqualified if they:

• voluntarily give up membership of their party — which courts have held can be inferred from conduct, not just a formal resignation; or
• vote or abstain contrary to the party whip in the House without prior permission, unless the party condones it within 15 days.

An independent member is disqualified if they join a party after the election. A nominated member is disqualified if they join a party more than six months after taking their seat.

The merger exception

A member is not disqualified if their original party merges with another party and at least two-thirds of the members of the legislature party agree to the merger. The law originally also protected a “split” by one-third of a legislature party; the 91st Amendment Act, 2003 removed that exception.

Who decides

Petitions are decided by the Speaker (or the Chairman in an upper House). In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court upheld the law but held that the presiding officer’s decisions are subject to judicial review. In later cases the Court has said that disqualification petitions should be decided within a reasonable time, and has suggested that Parliament consider whether an independent body should decide them instead.