Anti-Defection Law ( UPSC Prelims)

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News Context

In the case of Padi Kaushik Reddy v. State of Telangana (2025), the Supreme Court recently tackled the issue of substantial delays by the Speaker in ruling on disqualification petitions related to 10 Telangana MLAs.

Disqualifications and Exceptions under ADL

Disqualification occurs if: A member voluntarily relinquishes their party membership, or votes/abstains contrary to the party whip without approval within 15 days. An independent member joins any political party after the election. A nominated member joins any political party after six months of assuming their seat. Exception: A party merger is permitted if supported by two-thirds of its legislators. The Speaker of the Lok Sabha, Deputy Speaker, Chairman of the Rajya Sabha, and Deputy Chairman may resign from their party and rejoin after leaving office.

About Anti-Defection Law (ADL)

ADL allows for the disqualification of MLAs who voluntarily leave their party membership after being elected on a party ticket. This provision was included in the 10th Schedule through the 52nd Amendment Act, 1985. It outlines the procedure by which legislators can be disqualified for defection by the Presiding Officer of a legislature, based on a petition from any other member of the House. However, it does not specify a time frame for the Presiding Officer to make a decision on a disqualification plea. The courts can only intervene after the Presiding Officer has made a decision on the matter. It's important to note that the original Constitution of 1950 did not include the term "political party," which was specifically introduced through the Tenth Schedule.

Judicial Pronouncements in context of Tenth Schedule

 ● Kihoto Hollohan vs Zachillhu, 1992: The Speaker's decision under the anti-defection law can be reviewed by the judiciary.  
  ● Ravi S. Naik v. Union of India, 1994: The Speaker is expected to function as a neutral adjudicator rather than a political entity.  
  ● Karnataka MLAs’ disqualification case, 2020: There is a proposal for Parliament to consider shifting the disqualification powers from the Speaker to an independent tribunal.  
  ● Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly, 2020: Petitions for disqualification under the Tenth Schedule should be resolved within three months from the date they are filed.