Anti-Defection Law Context:The Supreme Court on Monday sought the Union government's response on a petition filed by senior advocate Kapil Sibal chal-lenging the interpretation of the "merger" exception under the anti-defection law contained in the Tenth Schedule Constitution. About Anti-Defection Law The Anti-Defection Law was enacted through the 52nd Constitutional Amendment Act, 1985, which inserted the Tenth Schedule into the Constitution. Its primary purpose is to prevent elected representatives from switching political parties for personal or political advantage. The law is applicable to both Parliament and State Legislatures. The law was further revised by the 91st Constitutional Amendment Act, 2003, which removed the provision allowing defections by one-third of a party's members (known as the split provision). It retained only the merger provision as a valid exception. Objectives of the Law Ensure political stability by preventing frequent changes in government due to defections. Discourage horse-trading by reducing the practice of enticing legislators with positions or other benefits. Promote party discipline by requiring members to follow the official party whip during voting. Permit genuine mergers of political parties without attracting disqualification, thereby supporting democratic functioning. Grounds for Disqualification A legislator may lose membership if: They voluntarily relinquish their party membership, which may be determined from their actions even without a formal resignation. They vote or abstain from voting against the party's directive (whip) without prior approval. An independent member, elected without party affiliation, joins any political party after the election. A nominated member joins a political party after the expiry of six months from the date of taking their seat in the legislature. Exceptions to Disqualification A political party may merge with another if at least two-thirds of its legislators support the merger. Members who either accept the merger or choose to remain with the original party are not disqualified. The…
