Impacts of Anti-Defection in Election Law

Impacts of Anti-Defection in Election Law

Author Name : Mr. Shiv Shankar Maurya, Prof. (Dr.) Pooja Khuarana

DOI: https://doi.org/10.56025/IJARESM.2025.1301252262

ABSTRACT One of the fifth constitutional disqualifications is defection. With the current collision government, this has taken on even greater importance. Defection is simply an elected official transferring their allegiance from one party to another, and it has caused severe issues for India's functioning democracy. A constitutional amendment was created as the Tenth Schedule, which was annexed to the Indian Constitution, to address this issue. The 52nd Amendment Act of 1985 was used to accomplish this. Reference is made to Articles 102(2) and 191(2) in this tenth schedule. The Tenth Schedule's provision number 2, which discusses disqualification on the basis of defection, explains the various modalities that may apply, firstly if the person has voluntarily resigned from the political party for which he was elected; second if the person votes or abstains from voting in the House in defiance of any directives issued by the party whip within 15 days of the date of voting or absenteeism; and if he joins any political party after the expiry of six months, from the date on which he takes his seat after complying with the requirements of Article 99 or Article 188 as the case may be, in respect of nominated members.