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Defections are a source of political instability; breach of
representative faith and indicate power-hunger among
legislators. Therefore, they need to be prevented and
punished.
The Anti-defection Law made by the Constitution (Fifty-
Second Amendment) Act, 1985 aims to do that.
It amended Articles 101, 102, 190 and 191 of the
Constitution regarding vacation of seats and
disqualification from membership of Parliament and State
legislatures respectively and inserted a new Schedule
(Tenth Schedule) to the Constitution setting out certain
provisions regarding disqualification from membership of
Parliament and the State Legislatures on the ground of-
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-defection, from the political party to which the Member
belongs.
Anti-Defection Law details the grounds of defection
The grounds of detection are as under:
If a member of the House belonging to a political party
voluntarily gives up his/her membership of that political
party.
if he/she abstains from the voting or votes contrary to the
direction issued by the political party to which he/she
belongs in the House.
If he/she defects from his/her party to any party after
elections.
If the nominated member joins any political party after six
months after taking his seat, etc.
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Disqualification on ground of defection does not apply in
case of merger of political parties.
A party may merged with another or the two may form a
new party.
If 2/3rd of the members of the legislature party decide to
merge with another party, neither the 2/3rd nor the
remaining 1/3rd lose membership. If 1/3rd exist as a
separate group.
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The provisions of disqualification, under the Tenth
Schedule, do not apply to a member who on his election
as the Speaker or the Deputy Speaker of Lok Sabha or
the Deputy Chairman of Rajya Sabha, or the Chairman
or the Deputy Chairman of the Legislative Council of a
State or the Speaker or the Deputy Speaker of the
Legislative Assembly voluntarily gives up his
membership of the political party to which he belonged
immediately before his election or rejoins such political
party after he ceases to hold such office.

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