Why in News?  

Anti-defection law vital for democracy says Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu.  

About Anti-Defection Law  

• Defection means when a politician leaves their party to join another or becomes independent.  
• The Anti-Defection Law was added to the Indian Constitution in 1985 through the 52nd Amendment under the Tenth Schedule.  
• Its main aim is to prevent political instability by punishing elected representatives who change parties after elections. It ensures discipline within parties and accountability to voters.  
• Such members can be disqualified from their position if they violate the law.

Important Provisions of the Anti-Defection Law   

The Tenth Schedule of the Indian Constitution outlines the following key provisions,  

• Disqualification of Members  
  • A member can be disqualified if:  
    • They voluntarily leave their party, or  
    • Vote or abstain against the party’s direction without permission, and the party does not forgive the act within 15 days.  
• Independent Members: An independent MLA/MP is disqualified if they join any political party after the election.  
• Nominated Members: A nominated member is disqualified if they join a political party after six months of taking their seat.  
• Exceptions (No Disqualification)  
  • Merger: If two-thirds of a party’s members agree to merge with another party.  
  • Presiding Officer: If the Speaker or Chairman resigns from the party during tenure and rejoins after stepping down from the post.  
• Deciding Authority: The Speaker or Chairman of the House decides if a member should be disqualified—not the President or Ministers.  
• Rule-Making Power: The presiding officer can make rules to implement the law and can act only after receiving a complaint from a member.  
• Role of Whip: The whip ensures members follow the party’s stand during voting. Defying it can lead to disqualification under the law.