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Political Defections in India: An Analysis of the Tenth Schedule
Subject area: Arts, Social Sciences and Humanities · Area of research: Constitution of India
DOI: 10.64388/IREV9I12-1719138
Abstract
Political defection, the act of an elected legislator leaving the party on whose name they were elected and joining another opposing political organisation, represents one of the most corrosive challenges to stable parliamentary democracy in India. To address this malaise, the Indian Parliament enacted the Constitution (52nd Amendment) Act, 1985, inserting the 10th Schedule into the Constitution of India. Popularly known as the Anti-Defection Law, this schedule made the grounds for disqualification of elected members from Parliament and legislatures of the states, who switch political allegiances in violation of the mandate given by the electorate. This research paper traces the historical genesis of defectionin Indian politics, examines landmark judicial pronouncements that have shaped its interpretation, and critically evaluates recurring attempts to circumvent the law through the merger exception. Special attention is devoted to the April 2026 episode in which AAP’s 7 Rajya Sabha MPs, including prominent leaders from Punjab, declared a merger with the Bharatiya Janata Party, reigniting a nationwide debate on whether the constitutional safeguard remains adequate in its current form.
References
[1] Kihoto Hollohan v. Zachillhu and Others, AIR 1993 SC 412 (Five-Judge Constitutional Bench)
[2] Ravi S. Naik v. Union of India, (1994) Supp (2) SCC 641
[3] Rajendra Singh Rana v. Swami Prasad Maurya, (2007) 4 SCC 270
[4] Subhash Desai v. Principal Secretary, Governor of Maharashtra (2023) – Five-Judge Constitution Bench
[5] SLP(c) No. 5256/25 (Goa Congress MLAs' merger case, pending in Supreme Court)
[6] Y.B. Chavan Committee Report on Defection (1968) – Government of India
[7] Law Commission of India, Report on Electoral Laws
[8] ILI Law Review, 'Anti-Defection Law and the Tenth Schedule' (Summer Issue 2021)
[9] IJLSSS, 'Enforcing Stability: The Role of India's Anti-Defection Legislation in Parliamentary Integrity' (December 2024)
[10] 'Seven into BJP: Does the Rajya Sabha Merger Pass Anti-Defection Muster?' – Bar and Bench (April 29, 2026)
[11] 'Is Raghav Chadha's Merger with BJP a Valid Defence Under Anti-Defection Law?' – Live Law (April 27, 2026)
[12] 'Anti-Defection Law Clear; MPs Cannot Merge Alone' – The Federal (April 28, 2026)
[13] 'Merger of 7 AAP MPs with BJP Unconstitutional: Kapil Sibal' – The Tribune (April 25, 2026)
[14] 'AAP Petitions Rajya Sabha Chairman, Wants 7 Punjab MPs Disqualified' – The Tribune (April 27, 2026)
[15] 'Rajya Sabha Chairman Approves Merger of 7 AAP MPs into BJP Ranks' – India TV News (April 27, 2026)
How to cite this paper
@article{1719138,
author = {Yogesh Sharma, Dr. Garima Savita},
title = {Political Defections in India: An Analysis of the Tenth Schedule},
journal = {Iconic Research And Engineering Journals},
year = {2026},
volume = {9},
number = {12},
pages = {2467-2472},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1719138.pdf},
abstract = {Political defection, the act of an elected legislator leaving the party on whose name they were elected and joining another opposing political organisation, represents one of the most corrosive challenges to stable parliamentary democracy in India. To address this malaise, the Indian Parliament enacted the Constitution (52nd Amendment) Act, 1985, inserting the 10th Schedule into the Constitution of India. Popularly known as the Anti-Defection Law, this schedule made the grounds for disqualification of elected members from Parliament and legislatures of the states, who switch political allegiances in violation of the mandate given by the electorate. This research paper traces the historical genesis of defectionin Indian politics, examines landmark judicial pronouncements that have shaped its interpretation, and critically evaluates recurring attempts to circumvent the law through the merger exception. Special attention is devoted to the April 2026 episode in which AAP’s 7 Rajya Sabha MPs, including prominent leaders from Punjab, declared a merger with the Bharatiya Janata Party, reigniting a nationwide debate on whether the constitutional safeguard remains adequate in its current form.},
month = {June},
doi = {https://doi.org/10.64388/IREV9I12-1719138}
}