Proposed Private Member Bill to Relax Anti-Defection Rules

9 Dec 2025

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.

Check Out UPSC CSE Books

Visit PW Store

About Whip in India

A whip is a written instruction issued to party members, directing them how to vote on specific issues.
The term “whip” originates from the hunting fields of England, where a “whipper-in” was responsible for keeping hounds in line.
Constitutional Status: The office of the whip does not have a direct constitutional or statutory basis in India.
- The office is neither mentioned in the Constitution of India, the Rules of Procedure of the House, nor in any Parliamentary Statute.
Chief Whip: The chief whip of a political party holds the most significant responsibility in enforcing the whip system.

About Private Member’s Bills (PMBs)

A Private Member’s Bill is introduced by an MP who is not a Minister, irrespective of party affiliation.
- It is a Westminster parliamentary practice adopted by the Indian Parliament.
Purpose: PMBs allow MPs to express independent views and propose laws that may not be prioritized by the government.
Procedure: A one-month prior notice is mandatory for introducing a PMB.
- PMBs are taken up only on Fridays.
- The Speaker/Chairman decides on admissibility of the PMBs.
PMBs can address any issue within Parliament’s competence, except for Money Bills, which can only be introduced by Ministers.
Passage & Voting: Follows the same legislative process as other bills.
So far, only 14 private member’s bills have become law, including five introduced in the Rajya Sabha.

Also Read
UPSC Daily Editorials	UPSC Daily Current Affairs
Daily Current Affairs Quiz	Daily Main Answer Writing
Check Out Previous Years Papers From PW Store	UPSC Test Series
Check Out UPSC NCERT Textbooks From PW Store	Check Out UPSC Modules From PW Store