Skip to main content

Anti-Defection Law

“Despite the Anti-Defection Law in force, Horse Trading continues unabated in Indian politics.”  Discuss.
Changing of political parties had been the most common occupation of some of the politicians in the country till 1985.  Fifty Second Constitutional Amendment was given effect in 1985, which amended the earlier provisions under Articles 101, 102, 190 and 191 of the Constitution. Popularly known as Anti-Defection Law, this amendment sought to remedy the position as it stood in the year 1985.
Anti-defection Law was aimed at cleansing the Indian political scene by stopping the practice of defections which had become very common at that point of time. It was expected that the practice of Horse Trading would vanish after the Amendment.
But the political situation changed drastically during the past about 15 years. The days of clear majority to any political party at national level have gone. It is only through the coalitions that the successive governments are being formed. This is being achieved through pre-election and post election alliances between various political parties. The Constitution does not provide any guidelines for forging such alliances before or after the polling. As a result, such alliances are again open to unethical bargaining at the time of forming the government, as well as afterwards.
It is therefore felt by many that considering the dynamics of situation, and that political coalitions have become the order of the day and are likely to continue for quite some time in the future, the following changes in the existing legal framework are required.
(a) Prescribe a detailed procedure and regulation for pre-election and post-election political coalitions; (b) Pre-election coalition should be in the form of a written agreement, violation of which should attract the penalties as provided in Anti-defection Law; (c) Any member outfit of a pre-election coalition should have a commitment to support the coalition government at least for a period of three years; (d) Political partners deciding to join the coalition after the elections should only be allowed to support the government from outside and should not be allowed to be part of the government. The condition of three years’ mandatory support should be applicable to them also.


Popular posts from this blog

Q. What is the meaning of the terms like ‘Pardon’, ‘Reprieve’, ‘Respite’, ‘Remission’ and ‘Commutation’ with respect to the power of the President to grant pardon to convicted persons?

Ans. In terms of their scope and effect, these terms have specific connotations. The effect of Pardon is to abolish punishment and to absolve the convict of all charges. If Pardon is granted, it is assured as if the convict has not committed any crime. The convict will not face any disabilities due to the allegations and charges made against him. ‘Remission’ means reducing the punishment without changing the nature of punishment. For example, the imprisonment for 20 years may be reduced to the imprisonment for 10 years. ‘Commutation’ means reducing the punishment by changing the nature of punishment. For example, punishment to death may be changed to life imprisonment. ‘Respite’ means reducing or changing the nature of punishment in view of the specific facts and circumstances of the convict. For example, the punishment to death awarded to a pregnant woman, may be changed to simple life imprisonment. Respite means delay in execution of punishment especially that of death, in order to …



13.0 Learning Outcome

13.1 Introduction

13.2 Initiatives towards Constitutional Status to Local Governance

13.2.1 Features of 73rd Constitutional Amendment

13.2.2 Features of 74th Constitutional Amendment

13.2.3 Decentralised Planning in Context of 73rd and 74th Constitutional Amendment Act

13.3 Initiatives after Economic Reforms

13.4 Functioning of PRIs in Various States after 73rd Amendment

13.5 Functioning of Local Governance after 73rd and 74th Constitutional Amendment: Observations

13.6 Conclusion

13.7 Key Concepts

13.8 References and Further Reading

13.9 Activities


After studying this Unit you should be able to:

• Identify the background of revitalisation of local governance;

• Understand the features of 73rd and 74th constitutional amendment;

• Discuss the initiatives after economic reforms; and

• Outlines the functioning of local governance in various states after the amendment.


The revitalization of Pancha…



1.0 Learning outcome

1.1 Introduction

1.2 Concept of Democratic Decentralisation

1.3 Evolution of Democratic Decentralisation

1.4 Significance of Democratic Decentralisation

1.5 Democratic Decentralisation in India

1.6 Conclusion

1.7 Key concepts

1.8 References and Further Reading

1.9 Activities


After studying this unit, you should be able to:

• Understand the concept of Democratic Decentralization;

• Know the evolution and significance of Democratic Decentralization; and

• Describe the Democratic Decentralization pattern in India.


The dawn of 21st century is marked by decentralized governance both as a strategy and philosophy of brining about reforms and changes in democracies. These changes led to such virtues of transparency, responsiveness and accountability and ensures good governance. Today decentralization and democracy are the most significant themes in the development discourse. In the present contex…