Anti-Defection

Anti-Defection Law is contained in the Tenth Schedule to the Constitution, which was introduced by the 52nd Amendment in 1985. It provides for the disqualification of a member if he defects from his party to some other party. The decision is that of the Speaker, but it is subject to judicial review. There are two exceptions, in which case no disqualification occurs:

(1) no member can be disqualified if a group of 1/3rd of the total members of a party decides to split;

(2) or if a group of 2/3rd of the total members of a party decide to merge with some other party.

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