India's anti-defection law under strain as defections rise

India’s anti‑defection law, introduced through the Tenth Schedule to curb legislators switching parties after elections, is facing renewed scrutiny. Analysts note a surge in organized defections across states, with parties increasingly exploiting the merger exception that protects members when two‑thirds of a legislative party agree to merge. Historical amendments – the 52nd Amendment in 1985 that first embedded the law and the 91st Amendment in 2003 that removed the one‑third split provision – have not kept pace with these tactics.

Critics argue that the merger clause, originally meant for genuine party consolidations, now functions as a “weapon of mass defection,” allowing large groups of legislators to avoid disqualification and reshape parliamentary majorities without voter consent. The Supreme Court has warned of the need for strict scrutiny, but delays in rulings and discretionary power of speakers further weaken the law, eroding public trust in democratic institutions.