Anti-defection law needs drastic changes
India’s anti-defection law, contained in the Tenth Schedule of the Constitution, is under renewed scrutiny because political switching continues to raise questions about stability, mandate protection, and Speaker-driven adjudication.
- India’s anti-defection law is meant to curb opportunistic floor-crossing and protect legislative stability.
- The Tenth Schedule is the constitutional home of India’s anti-defection framework.
- The Speaker or Chairman decides disqualification questions under the existing anti-defection framework, which has raised concerns about delay and politicisation.
The Indian Express editorial argues that India’s anti-defection framework is failing to preserve legislative stability and deter opportunistic switching. The core concern is constitutional: the Tenth Schedule should protect the mandate of voters, but repeated instances of political realignment have exposed loopholes and weak enforcement.
The Tenth Schedule was inserted into the Constitution by the 52nd Constitutional Amendment Act, 1985. It was meant to curb political defections that had weakened governments and distorted electoral mandates.
Background and earlier position
UPSC may ask whether the Tenth Schedule has reduced legislative instability or whether it has instead shifted political power toward party leadership and the Speaker. A Mains answer can assess reforms such as faster adjudication, clearer disqualification triggers, and institutional safeguards against misuse.
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