Political Defections in India: An Analysis of the Tenth Schedule

Political defection, the act of an elected legislator leaving the party on whose name they were elected and joining another opposing political organisation, represents one of the most corrosive challenges to stable parliamentary democracy in India. To address this malaise, the Indian Parliament enacted the Constitution (52nd Amendment) Act, 1985, inserting the 10th Schedule into the Constitution of India. Popularly known as the Anti-Defection Law, this schedule made the grounds for disqualification of elected members from Parliament and legislatures of the states, who switch political allegiances in violation of the mandate given by the electorate. This research paper traces the historical genesis of defectionin Indian politics, examines landmark judicial pronouncements that have shaped its interpretation, and critically evaluates recurring attempts to circumvent the law through the merger exception. Special attention is devoted to the April 2026 episode in which AAP’s 7 Rajya Sabha MPs, including prominent leaders from Punjab, declared a merger with the Bharatiya Janata Party, reigniting a nationwide debate on whether the constitutional safeguard remains adequate in its current form.