What is anti-defection law in India? How does it apply in Maharashtra political crisis

What is anti-defection law in India? Maharashtra Political Crisis has brought focus back on the anti-defection law in India, the Tenth Schedule of the Constitution that seeks to prevent political defections. The anti-defection law may be a light of hope for Maharashtra Chief Minister Uddhav Thackeray who is attempting to squash the dissent within the party that is threatening to bring down the Maha Vikas Agadhi (MVA) coalition government. 

Under the anti-defection law in India in the Tenth Schedule of the Constitution, a group of lawmakers must have at least two-thirds of the total MLAs of the original party to break away without violating the law. In the current Maharashtra political crisis scenario, Shiv Sena leader Eknath Shinde requires at least two-third of Shiv Sena's total tally of 55 MLAs to avoid disqualification under the anti-defection law. 

While Eknath Shinde has claimed that he has the support of 46 MLAs, it is not clear how many of them belong to the Shiv Sena. As per reports, he has the support of 33 Shiv Sena MLAs. However, he needs to have the support of at least 37 Shiv Sena MLAs to avoid violation of the anti-defection law that will lead to their disqualification from the state assembly. 

In the present 287-member Maharashtra Legislative Assembly, BJP has 106 MLAs, Shiv Sena has 55 MLAs, NCP has 53 MLAs and Congress has 44 MLAs. The Maha Vikas Agadhi coalition has a total of 152 MLAs. 

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What is Anti-Defection law in India?

The tenth schedule was introduced in the constitution by the Rajiv Gandhi government in 1985 through the 52nd constitutional amendment to stop the 'Aaya Ram, Gaya Rama syndrome. The anti-defection law seeks to prevent political defections that may be prompted by reward of office or other similar consideration.

The law allows a group of MPs/MLAs to defect from a party and merge with another without inviting penalty if it involves the support of two-thirds of MLAs of the party. The tenth schedule can disqualify the MLAs on the grounds of defection if the number of MPs/ MLAs is less than 2/3. 

How does the anti-defection law work?

Under the anti-defection law in India, an MP/ MLA is deemed to be defected if he either voluntarily gives up the membership of his party or disobeys the party directives on a vote. A member defying the party may be disqualified from the membership of the House. The law does not penalise political parties for encouraging or accepting defecting legislators.

Who is the deciding authority?

The Presiding Officers of the Legislatures, the Chairman or the Speaker are the deciding authorities in case of defection by MPs/ MLAs in violation of the anti-defection law. They will decide whether the legislators should be penalised for their actions. 

Anti-defection law amended by Atal Bihar Vajpayee government

The anti-defection law originally allowed even one-third of party members in the assembly or Parliament to leave and merge with another party. However, the then Atal Bihari Vajpayee government through the 91st Constitutional amendment in 2003, amended the law requiring at least two-third of the party members to avoid facing anti-defection charges during a split.

Purpose of the anti-defection law

The anti-defection law was introduced to deter "the evil of political defections" by legislators motivated by the lure of office or other considerations. It was brought in after various state governments were toppled by defecting MLAs after the 1967 general elections.