The defective anti-defection law

THERE is undoubtedly something defective about the anti-defection law. It’s been four decades since the 52nd Constitutional Amendment introduced the Tenth Schedule, which deals with provisions for disqualification on the grounds of defection, but the menace of party-hopping by elected representatives continues unabated. The law’s inefficacy is underlined by the go-slow tactics of the Speaker concerned on petitions seeking the ouster of defectors. This constitutional functionary’s role is under judicial scrutiny in Telangana, where 10 Bharat Rashtra Samithi MLAs switched allegiance to the ruling Congress during a six-month period following the 2023 Assembly elections. Asserting that defections can disrupt democracy if not curbed, the Supreme Court has fixed a three-month timeline for the Assembly Speaker to take a call on the disqualification pleas against these legislators.