Anti-Defection Law: 52nd & 91st Amendments, Speaker's Role, Supreme Court Cases

The Anti-Defection Law is a frequently tested topic in Kerala PSC Polity sections. Questions focus on the amendment numbers, grounds for disqualification, the merger provision, and landmark judgments.

1. Introduction and Background

Fact	Detail
Added by	52nd Constitutional Amendment Act, 1985
Schedule	Tenth Schedule of the Constitution
PM at the time	Rajiv Gandhi
Purpose	Curb political defections motivated by power or office
Effective from	1 March 1985
Applies to	Both Parliament (Lok Sabha and Rajya Sabha) and State Legislatures

2. Grounds for Disqualification (Original — 52nd Amendment)

Ground	Explanation
Voluntary giving up membership of party	Member voluntarily leaves the political party on whose ticket elected
Voting against party whip	Member votes or abstains contrary to the direction (whip) issued by the party, without prior permission
Independent member joins a party	A member elected as independent joins any political party after election
Nominated member joins a party after 6 months	Nominated member who does not join a party within 6 months but joins one later

3. Original Exceptions (52nd Amendment)

Exception	Detail
Split	If at least one-third of party members formed a separate group, it was not considered defection
Merger	If two-thirds of party members agreed to merge with another party

4. Changes by 91st Amendment (2003)

Change	Detail
Split provision deleted	The one-third split exception was completely removed
Merger retained	Two-thirds merger exception continues
Size of Council of Ministers capped	Not more than 15% of total members of the House (related provision in same amendment)
Disqualified members barred	Cannot be appointed as minister or hold remunerative political post

5. Merger Provision (Current Law)

Condition	Requirement
Valid merger	At least two-thirds of members of the legislature party must agree to the merger
Original political party must merge	The merger must be of the original political party itself, not just the legislature party
Remaining members	Members who do not accept the merger can continue as a separate group

6. Role of the Speaker / Chairman

Aspect	Detail
Deciding authority	Speaker of Lok Sabha / Chairman of Rajya Sabha / Speaker of State Assembly
Power	Final authority to decide disqualification petitions under 10th Schedule
Judicial review	Speaker’s decision is subject to judicial review (Kihoto Hollohan case)
Criticism	Speakers often accused of partisan decisions; no time limit for deciding petitions
Keisham Meghachandra Singh case (2020)	SC urged Parliament to set up an independent tribunal instead of Speaker

7. Landmark Supreme Court Cases

Case	Year	Key Ruling
Kihoto Hollohan v. Zachillhu	1992	Speaker’s decision under 10th Schedule is subject to judicial review; upheld constitutional validity of anti-defection law
Ravi S. Naik v. Union of India	1994	”Voluntarily giving up membership” is wider than formal resignation; conduct can infer giving up membership
G. Viswanathan v. Speaker, Tamil Nadu	1996	Nominated members of legislative council also covered under 10th Schedule
Rajendra Singh Rana v. Swami Prasad Maurya	2007	Speaker cannot recognise a split before the actual split takes place in the House
Keisham Meghachandra Singh v. Speaker, Manipur	2020	Recommended Parliament amend Constitution to substitute Speaker with a permanent tribunal; Speaker should decide petitions within 3 months

8. Current Position — Summary Table

Feature	Status
Split exception (one-third)	Deleted (91st Amendment, 2003)
Merger exception (two-thirds)	Exists
Deciding authority	Speaker / Chairman
Judicial review	Available (Kihoto Hollohan)
Time limit for Speaker	No statutory time limit (SC recommended 3 months)
Whip applicability	Applies to all votes where party issues whip
Independent member joining party	Leads to disqualification

9. Disqualification under 10th Schedule vs. Disqualification under Article 102/191

Basis	10th Schedule	Article 102/191
Grounds	Defection from party	Office of profit, unsound mind, undischarged insolvent, citizenship issues
Deciding authority	Speaker	President (on Election Commission advice) for MPs; Governor for MLAs
Added by	52nd Amendment (1985)	Original Constitution

10. PSC Quick Revision — One-Liners

• Anti-defection law is in the Tenth Schedule of the Constitution
• Added by 52nd Amendment Act, 1985 during Rajiv Gandhi’s government
• 91st Amendment (2003) deleted the split provision (one-third exception)
• Merger requires two-thirds of legislature party members
• Speaker decides disqualification petitions (subject to judicial review)
• Kihoto Hollohan (1992) — Speaker’s decision can be reviewed by courts
• No statutory time limit exists for Speaker to decide petitions
• “Voluntarily giving up membership” includes conduct, not just formal resignation
• 91st Amendment also capped Council of Ministers at 15% of House strength