Defection Cases Have Decreased 'Substantively' Post 'Tenth Schedule' Implementation, No Need To Amend It: Centre

The Union Law Minister Kiren Rijiju on Thursday informed Rajyasabha that there has been a "substantive decrease" in defection cases after the insertion of the tenth schedule in the constitution (anti-defection law) and there is no need to amend the same as it has stood the test of time.

The Union Law Minister was responding to a query raised by Rajyasabha MP from Indian National Congress, Gangur Cheluvegowda Chandrashekhar as to whether Government is planning to strengthen the Anti-Defection law.

There is substantive decrease in defection cases, no need to amend anti-defection law as of now: Law Minister @KirenRijiju #Parliament pic.twitter.com/zjSnQyiWcT

— Live Law (@LiveLawIndia) December 16, 2022

Apart from this, MP Chandrashekhar had also sought the Centre's reply on whether the Government is aware that the toppling of State Governments across the country has become so common and if so, the facts and the details thereof.

In response to these queries, the Union Law Minister said in a written reply:

"The Tenth Schedule was inserted in the Constitution by the Constitution Fifty-second (Amendment) Act, 1985. It sets the provisions for disqualification of elected members on the grounds of defection to another political party. In the recent past, owing to the implementation of the Tenth Schedule there has been substantive decrease in the defection cases. Since, the provisions of the Tenth Schedule have stood the test of time and several judicial scrutinies, there does not appear to be any need for carrying out any amendments as of now."

Our readers may note that the Tenth Schedule, commonly known as the 'Anti-Defection Law', was inserted into the Constitution [by the Constitution Fifty-second (Amendment) Act, 1985] in an attempt to arrest the practice of legislators from changing political affiliations during their term in office. Its primary purpose was to bring stability to governments by discouraging legislators from changing parties after their election.

Earlier in July this year too, the Union law Minister had informed the Rajyasabha that there is no need to amend the provisions of the Tenth Schedule (anti-defection law) as they have stood the test of time and judicial scrutiny.

Click Here To Read/Download Centre's Written Reply