Anti-Defection Law: Relevance, Loopholes and Reform Needs

Recent political developments involving a major bloc of Rajya Sabha MPs from the Aam Aadmi Party (AAP) have once again underscored the continued relevance of the Anti-Defection Law in Indian parliamentary democracy.

• The law, enshrined in the Tenth Schedule of the Indian Constitution, acts as a key constitutional mechanism to maintain political stability by preventing elected representatives from switching parties for personal gain, ministerial office, or political opportunism.

Key Provisions of the Tenth Schedule

• A legislator can be disqualified if:
  • They voluntarily give up membership of their political party
  • They vote or abstain from voting against the party whip without prior permission ....