The indian government prevented political defections through the 52nd amendment act of 1985. The parliament passed the bill as a result of which antidefection act came into force on 1st april 1985 through 52nd constitutional amendment. The tenth schedule was inserted in the constitution in 1985. Kashypat, antidefection law and parliamentary privilege, 2011 p. In this amendment, articles 101, 102, 190 and 191 were. In 1985, through the 52 nd amendment, a new schedule was inserted to the constitution of india in the form of tenth schedule, which to common people is better known as antidefection law. Dinesh%20goswami%20report%20on%20electoral%20reforms.
There is no easy way to plug all the loopholes in the antidefection act. Finally, after the general elections in december 1984, the constitution fiftysecond amendment bill was introduced in the lok sabha in january 1985. There are several issues in relation to the working of this law which need to be discussed. Anti defection law and the 10th schedule of constitution.
The object of this antidefection law was to curb the evil of political defections motivated by the lure of office or other similar considerations that endanger the foundations of our democracy. The antidefection law is contained in the 10th schedule of the constitution. The anti d efection law provides for the disqualification of elected members of legislative house and parliament. Sep 12, 2016 constitution 52 nd amendment act, 1985 provided provisions related to antidefection in india. The government issued instructions to make medicines available free of cost to. The law was added via the 52nd amendment act, 1985, soon after the rajiv government. Mar 27, 2016 however, the issue was not addressed immediately. The antidefection law was passed by parliament in 1985 and reinforced in 2002. It took further 17 years to pass the antidefection law in 1985. It was introduced in 1985 under the tenth schedule and amended in 2003.
Schedule x of our constitution provides for antidefection law,which is as follows. Introduction anti defection law, contained in the tenth schedule of the constitution was introduced in the. Earlier, 10th schedule was related to association of sikkim with india. Oct, 2016 the antidefection law, introduced by the constitution fiftysecond amendment act, 1985 as amended by the constitution ninetyfirst amendment act, 2003 lays down the conditions regarding disqualification, on ground of defection. Jun 26, 2019 this is a misuse of provisions of antidefection act. However, this law also restricts a legislator from voting in line with his conscience, judgement and interests of his electorate. The law does not define whether the defection is a one time affair or a continuous one. Apr 14, 2014 the law was added via the 52nd amendment act, 1985, soon after the rajiv government came to power with a thumping majority in the wake of the assassination of prime minister indira gandhi. A member of parliament or state legislature belonging. It laid down the process by which legislators may be disqualified on grounds of defection and inserted schedule 10. In this post, we discuss the antidefection law which is part of indian constitution since 1985. It was only in 1985 that the antidefection law was engrafted into the constitution with. Sep 11, 2019 for such reasons, antidefection was necessary for stabilizing the indian politics and prevents such political defections which happened only to get some political reward or similar consideration.
First, the right to vote for or against party lines is a genuine exercise of free speech in parliament. This law also applies to the nominated candidates, who have a time slot of 6 months to choose any one of the available political. Our legislatures made an amendment in the year 1985 and passed a law called antidefection law which added a new schedule to our constitution, i. Rajiv gandhi, the then prime minister of india, proposed a bill to remove the evils of defection. The constitution fiftysecond amendment act, 1985 15th february, 1985. Such a situation impedes the oversight function of the legislature over the government, by ensuring that. But the working of the act over the years has made defectors ingenious and rather ingenuous. In response to this, rajiv gandhis government brought antidefection law to prevent such political defections in the year 1985. The constitution fiftysecond amendment act, 1985 rajiv gandhi government introduced the bill on anti defection in the house and the congress had an overwhelming majority hence the bill was passed by lok sabha on 30th january 1985 and by rajya sabha on 31st january 1985, after the president assent the became operational from 1st march 1985.
The anti defection law in india, formerly known as the tenth schedule to the indian constitution, is a punitive law that seeks to address political defection by preventing legislators from shifting allegiance to the parties they represent or disobeying their parties decisions in critical times such as voting on an important resolution. Jun 20, 2019 anti defection laws are the laws that prevent defection. The antidefection law was passed in 1985 through the 52nd amendment to the constitution, which added the tenth. The grounds for disqualification under the antidefection laws are as follows. This bill is meant for outlawing defection and fulfilling the above assurance. The main intent of the law was to combat the evil of political defections. He will nevertheless be free to stand for election again if he so wishes, and to sit. This amendment is being known as antidefection law. Once, sikkim became full fledged state, this schedule was repealed via the 36th amendment act. The loops and holes remain in the act and hence what cannot be done by a large group can be done after the split.
Aug 01, 2019 it was only in 1985 that the antidefection law was engrafted into the constitution with the insertion of the tenth schedule. The 10th schedule of the indian constitution which talks about the antidefection law is designed to prevent political defections prompted by the lure of office or material benefits or other like considerations. Defectors are also called fence sitters or turn coats. It was introduced by way of the 52 nd amendment in the constitution, which inserted tenth schedule in the constitution. Defections are happening across the country despite a stringent antidefection act. Defecting party members posed a threat to the very. Nov 28, 2017 defection is commonly known as horse trading. Antidefection law was inserted in the indian constitution in 1985 by the 52 nd amendment act of 1985.
The parliament passed the bill as a result of which antidefection act came into force on 1st april 1985 through 52nd. So, in order to restrain such practice, the rajiv gandhi government in 1985 introduced antidefection laws in the indian constitution. Heres everything you need to know about antidefection law. Jul 24, 2008 the tenth schedule popularly known as the antidefection act was included in the constitution in 1985 by the rajiv gandhi ministry and sets the provisions for disqualification of elected members on the grounds of defection to another political party. Dal badal kanoon full explanation of anti defection law 52nd constitutional amendment act 1985, tenth schedule, full summary of indian polity by. Anti defection law, 1985 10th schedule rajiv gandhi government imposed a ban on defection through 52 nd amendment act.
Anti defection law, 1985 10th schedule iasmania civil. In this amendment, articles 101, 102, 190 and 191 were changed. Dec 06, 2017 the anti defection law seeks to provide a stable government by ensuring the legislators do not switch sides. The tenth schedule popularly known as the anti defection act was included in the constitution in 1985 by the rajiv gandhi ministry and sets the provisions for disqualification of elected members on the grounds of defection to another political party. The relaxation of antidefection law in times of voting will not contravene the intention behind enacting schedule x. The 52th amendment of the constitution in 1985 inserted 10th schedule in the constitution with provisions as to disqualification on ground of defection. The antidefection law was passed in 1985 to combat the evil of political defections. The tenth schedule popularly known as the antidefection act was included in the constitution in 1985 by the rajiv gandhi ministry and sets the provisions for disqualification of elected members on the grounds of defection to another political party. The antidefection law was passed in 1985 through the 52nd amendment to the constitution, which added the tenth schedule to the indian constitution. The constitution fifty second amendment act, 1985 15th february, 1985. The law does not clearly say in what manner the principle of l3rd for split or of 23rd in case of merger shall operate. A member of parliament or state legislature belonging to any political party, shall be disqualified.
In this article, we will cover all upsc examworthy details of this law including its introduction into the constitution of india, its interpretation, limitations, as well as the reforms made to it. The anti defection law is a crucial topic for your ias examination. Anti defection law the challenges the object of anti defection law was to bring down the political defections but due to ever increasing political dishonesty and corruption this law never evolved properly and now the question is that whether achieving the goals of this law is a reality or a myth. Pdf ananalyticalstudyonthepoliticsofdefectioninindia. Oct 12, 2010 the 10th schedule to the constitution, popularly referred to as the antidefection law, was inserted by the 52nd amendment in 1985. The grounds of disqualification are specified in paragraph 2 o.
Anti defection law was introduced by the 52nd constitutional amendment act 1985 to prevent the defections from one political party to another in lieu of certain gains by members of parliament and state legislatures, it led to introduction of 10th schedule. The antidefection law in india, formerly known as the tenth schedule to the indian constitution. In simpler words, these rules prohibit the candidates who have lost the election from a particular political party, to change their party postelection. With a view to stop this, the antidefection law came into existence.
We will also see the need for reforms in the antidefection law. Antidefection law the challenges legal service india. May 21, 2019 the antidefection law was passed in 1985 through the 52nd amendment to the constitution, which added the tenth schedule to the indian constitution. Sabha disqualification on ground of defection rules, 1985 were framed which came into force. If elected mps of congress shift their allegiance to bjp or vice versa. A few parliamentary democratic nations such as india, pakistan, and bangladesh, have enacted an antidefection law, which prohibits a member of the legislature from switching to another party after being elected. Anti defection law ias abhiyan ii ias upsc exam preparation.
The antidefection act, 1985, was enacted with the objective of ending the phenomenon of legislators changing their political colours overnight in pursuit of office and perks, thus playing havoc with the electoral mandate. Dinesh %20goswami%20report%20on%20electoral%20reforms. It was made to bring stability to structure of political system by preventing the frequent change of parties by members. Free and fair competition amongst political parties. It refers to the aaya ram, gaya ram culture, a phrase coined after haryana mla gaya lal changed his party twice in one day and thrice within a fortnight in 1967. Anti defection law, 1985 10th schedule rajiv gandhi government imposed a ban on defection through 52nd amendment act. Amendment act, 1985 and antidefection law and 10th. Oct 11, 2010 antidefection law what is the antidefection law. Analysing the anti defection law anjali gupta campus law centre, university of delhi, new delhi abstract the 52nd constitutional amendment act of 1985 added the tenth schedule to the indian constitution, popularly known as the antidefection law. This paper argues for watering down the current formulation of the defection law in order to preclude voting from its ambit. Antidefection law is contained in the tenth schedule of the constitution, which was introduced by the 52 nd amendment in 1985 during tenure of rajiv gandhi. Pdf in a parliamentary system, party discipline is the impulse. The bill received presidents approval on 15th february 1985 and the act came into effect.
In a way, the antidefection law was subject to scathing attack by constitution experts and law men, as it was an invasion on the free speech guaranteed to legislators. Be it enacted parliament in the thirtysixth year of the republic of india as follows. Antidefection law definition defection means switching sides for ones own vested interests. Sep 16, 2018 dal badal kanoon full explanation of anti defection law 52nd constitutional amendment act 1985, tenth schedule, full summary of indian polity by laxmikant in hindi for ias pcs upsc state pcs. Introduction anti defection law, contained in the tenth schedule of the constitution was introduced in the 52nd amendment during the tenure of rajiv gandhi. Anti defection law is not only practiced in india but it is provided by various other countries like bangladesh, kenya, south africa, etc. Earlier, the tenth schedule was related to the association of sikkim with india and this schedule was repealed via the 36th amendment act once sikkim.
The constitution fifty secondamendment act, 1985, available at govt documentsamendmentamend52. The 10th schedule to the constitution, popularly referred to as the antidefection law, was inserted by the 52nd amendment in 1985. An example is the city of oslo, which has an executive council byrad as a part of the parliamentary system. The law sets the provisions for disqualification of elected members on the grounds of defection to another political party eg. In the uk parliament, a member is free to cross over to the other side, without being. The antidefection law sought to prevent such political defections which may be due to.
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