Greener Pastures

The anti-defection law is routinely misinterpreted.

Indian Constitution, what is anti-defection law, anti-defection law, Telangana TRS, Indian express — The 10th Schedule was enacted to put an end to the scourge of defection. (AP Photo/Manish Swarup/File)

The 10th Schedule of the Constitution, commonly referred to as the anti-defection law, is facing the most serious challenge yet in its 34 years of existence. The challenge is not judicial, but political. Legislators show a tendency to ignore the law and defect to the parties in power. Earlier this month, 12 out of the 16 members of the Congress Legislature Party in Telangana “merged” with the TRS, the ruling party in Telangana. Close on the heels of this defection, four members of the Rajya Sabha, from the Telugu Desam Party “merged” with the BJP and became members of the legislature party of the BJP in the Rajya Sabha. Quite surprisingly, the media in general has approved of this act of defection as a valid exercise in accordance with the law — that if two-thirds of the legislators of a party merge with another party, it would be a legally valid merger. This is a wrong interpretation of the law.