Congress MP Manish Tewari has introduced a private member’s bill in the Lok Sabha seeking amendments to the Tenth Schedule (Anti-Defection Law).

Key Features of the Proposed Amendment

• Freedom to Vote Independently: MPs can vote according to their judgement on most bills and motions.
• Party whip would apply only to:
• • Confidence motions
  • No-confidence motions
  • Adjournment motions
  • Money bills
  • Financial matters
• Limiting Disqualification: MPs will face loss of membership only if they defy the party whip in the above stability-related matters.
  • For all other legislative business, no disqualification for voting independently.
• Mandatory Announcement of Party Directions: Speaker/Chairman must announce in the House whenever a party issues a whip on the specified critical motions.
  • The announcement must clearly state that defiance will lead to automatic cessation of membership.
• Appeal Mechanism: An MP whose membership ceases can appeal to the Speaker/Chairman within 15 days.
  • Appeal must be disposed of within 60 days.

About the Anti-Defection Law

• It was introduced through the 52nd Constitutional Amendment Act, 1985, inserting the Tenth Schedule into the Indian Constitution.
• Objective: To prevent elected legislators from switching parties, disobeying party whips, or voluntarily giving up party membership.
• Deciding Authority: Disqualification questions due to defection are determined by the presiding officer of the respective House:
  • Chairperson in the Rajya Sabha 
  • Speaker in the Lok Sabha 
  • Speaker of the Legislative Assembly
• Grounds for Disqualification: 
  • A legislator (MP/MLA) can be disqualified if they voluntarily give up membership of their political party.
  • Vote or abstain from voting contrary to party whip, without prior permission.
  • Independent MPs/MLAs join a political party after an election.
  • Nominated members joining a party after 6 months of nomination results in disqualification.
• Exception: No disqualification if two-thirds of a legislative party merges with another party.

Criticisms of Anti-Defection Law

• Restricts freedom of speech of legislators.
• Reduces the deliberative role of MPs/MLAs, often termed “whip-driven tyranny.”
• Speakers sometimes act with partisan bias, leading to delays in decisions.

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