Anti defection law

Abstract-

In our country the government is formed by the elected representatives of a political

party which got majority in the house but the mandate of people was defeated by the defections
of the elected representatives .This unethical defections not only defeats the mandate of people
but defeats the roots of democracy so to fight against this unprincipled practice Anti defection
law was introduced by 52nd amendment act (1985)

This law deals with disqualification of MP’s and MLA’s if the member, gives his political party
membership voluntarily and if he abstains from voting or votes against any direction issued by
their party without the prior permission will be subjected to disqualification from that house by
enacting this law some of the disqualifications were controlled but now some of the politicians
are trying to take advantages of loopholes in this law so this law is becoming unsuitable to
contemporary situation

In this project I would like to point out those loophole , explain the provisions of Anti defection
law ,their exceptions , advantages , criticism on this law , clauses added or deleted from 91st
amendment(2003),about its present day functioning and analyze its important judgments
,expound the flaws used by some of the political parties to get into power by using this law and
wants to provide the required changes to this law so that it would be accurate and perfect for
contemporary situation

This project work would be divided in to five chapters for broad discussion of topic and for
easier understanding of topic

Here the first chapter deals with aims and objective, provisions of Anti defection law, Anti
defection law in Jammu and Kashmir, comparison of anti defection law in other countries

Second chapter deals with the committees regarding anti defection law and the provisions added
through the 91st amendment 2003

In the third chapter I would like to put forward some of the criticisms by the members of the
house, role of speaker and some of the loop holes would also be discussed in this chapter

Chapter four is relating to how some of the political parties are misusing this law through those
loopholes ,the role of courts in this law and some of the judgments given by courts would be
analyzed

The chapter five gives some suggestions which helps to remove the holes in Anti defection law
and also concludes this project work
Anti defection law