Anti-Defection Law Explained: TMC Rebellion, Maharashtra Model & The Two-Thirds Rule
The anti-defection law, introduced in 1985 under the Tenth Schedule of the Constitution, aims to prevent elected representatives from switching parties. Originating from the 'Aaya
The anti-defection law, introduced in 1985 under the Tenth Schedule of the Constitution, aims to prevent elected representatives from switching parties. Originating from the 'Aaya Ram Gaya Ram' politics of 1967, the law outlines three conditions for disqualification: voluntarily giving up party membership, voting against a party whip, or joining another party. The Supreme Court has ruled that a member's conduct, such as attending opposition rallies, can also imply giving up membership.
A key exception exists if a party merges with another, requiring the agreement of at least two-thirds of its legislative members. This provision was used during the 2022 Maharashtra political crisis by Eknath Shinde, creating the Maharashtra model. Currently, for a party like the TMC with 28 MPs, at least 19 would need to merge to avoid disqualification. Critics point out a major loophole: there is no fixed deadline for the Speaker to decide on defection cases, allowing accused legislators to retain their seats for months while petitions remain pending.
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