POLITICAL BIAS SHOULD BE KEPT OUT OF ANTI-DEFECTION LAW

THE 52ND AMENDMENT to the Constitution was made in 1985 to incorporate the Tenth Schedule, commonly known as the ‘anti-defection law’.

- MADAN LOKUR AND RAAGINI RAGHU

The Statement of Objects and Reasons for the Amendment is rather lengthy, but the substance is in the introductory paragraph, which reads:

“The evil of political defections has been a matter of national concern. If it is not combated, it is likely to undermine the very foundations of our democracy and the principles which sustain it. With this object, an assurance was given in the Address by the President to Parliament that the Government intended to introduce in the current session of Parliament an anti-defection Bill. This Bill is meant for outlawing defection and fulfilling the above assurance.”

While the intention of the amendment was to curb the ‘Aya Ram Gaya Ram’ syndrome prevalent at the time, the speaker of the house had a key role in his capacity as the implementing authority. The first case under this law before the Supreme Court was that of Kihoto Hollohan v. Zachillhu (1985) which dealt with a complaint (among other issues) of disqualification on the ground of defection of some members of the Nagaland Legislative Assembly.