Anti-Defection Law

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πŸ“š This topic is part of the national Constitution β€” read our full, in-depth write-up: Anti-Defection Law β†’

πŸ“– Quick summary

The Tenth Schedule (52nd Amendment, 1985) disqualifies members who defect from their party. The 91st Amendment (2003) removed the old one-third "split" exception, keeping only a two-thirds "merger" exception, and capped the Council of Ministers at 15% of House strength. In Kihoto Hollohan (1992), the Supreme Court held that the Speaker's disqualification decision is subject to limited judicial review.

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πŸ’‘ Key Facts

  • Tenth Schedule = 52nd Amendment (1985).
  • 91st Amendment (2003) kept only the two-thirds "merger" exception; capped CoM at 15% of House strength.
  • Kihoto Hollohan (1992) β€” Speaker's decision is judicially reviewable on limited grounds.

πŸ”– 60-Second Revision

  • 10th Schedule (1985) = anti-defection law; 91st Amdt (2003) tightened it.
  • Speaker decides, but courts can review on limited grounds.

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