Supreme Court dismisses petition against Anti-Defection Act under Tenth Schedule

The Tenth Schedule, introduced by the 52nd Amendment to the Constitution, provides for the disqualification of a Member of Parliament or a member of the legislature of a State if he is found to have defected from the original party on whose ticket he was elected to Parliament.

One of the reasons for disqualification is that a legislator can be disqualified

“If he votes or abstains from voting in any such House contrary to any direction of the political party to which he belongs or of any person or authority authorised by such party or authority, without first obtaining in either case the permission of such political party, person or authority, and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.”

In 1992, a constitutional tribunal of the Supreme Court confirmed its validity by a majority decision.

“The provisions are salutary and are intended to strengthen the fabric of Indian parliamentary democracy by curbing unprincipled and unethical political defectors.,” the court had stated.