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Chapter 36

Anti-Defection Law

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Constitutional Basis and Evolution

  • The anti-defection law was introduced through the 52nd Constitutional Amendment Act, 1985.

  • The amendment:

    • inserted the Tenth Schedule into the Constitution;
    • amended Articles 101, 102, 190 and 191; and
    • provided constitutional grounds for disqualification arising from defection.
  • The law applies to members of Parliament and State Legislatures.

  • The principal objective is to curb political defections motivated by office, material benefits or similar considerations.

  • The 91st Constitutional Amendment Act, 2003 strengthened the anti-defection framework and removed the earlier protection available for splits.

Inside this chapter

What Anti-Defection Law covers

  1. Constitutional Basis and Evolution
  2. Grounds of Disqualification
  3. Exceptions to Disqualification
  4. Split Exception: Historical Position
  5. Merger vs Split
  6. Deciding Authority
  7. Procedure for Deciding Defection Cases
  8. Rule-Making Power
  9. 91st Constitutional Amendment Act, 2003
  10. Meaning of Remunerative Political Post
  11. Objectives of the Anti-Defection Law
  12. Criticism of the Anti-Defection Law
  13. Key Constitutional Provisions
  14. Amendment Map
  15. Landmark Case
  16. Prelims Traps
All 36 chapters in Indian Polity
  1. Historical Background
  2. Making of the Constitution
  3. Salient Features of the Constitution
  4. Preamble of the Constitution
  5. Union and its Territory
  6. Citizenship
  7. Fundamental Rights
  8. Directive Principles of State Policy
  9. Fundamental Duties
  10. Amendment of the Constitution
  11. Basic Structure of the Constitution
  12. Parliamentary System
  13. Federal System
  14. Centre–State Relations
  15. Inter-State Relations
  16. Emergency Provisions
  17. President
  18. Vice-President
  19. Prime Minister
  20. Central Council of Ministers
  21. Cabinet Committees
  22. Parliament
  23. Supreme Court
  24. Judiciary - Judicial Review and Judicial Activism, PIL
  25. Governor
  26. Chief Minister
  27. State Council of Ministers
  28. State Legislature
  29. High Court
  30. Tribunals
  31. Subordinate Courts
  32. Panchayati Raj
  33. Municipalities
  34. Union Territories
  35. Elections - Election Laws, Electoral Reforms
  36. Anti-Defection Law

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