The Anti Defection Law

Abstract

Defection is the switching of an elected candidate from one party to another party. To overcome this problem many laws have been enacted in India. In this paper the provisions related to anti defection law are discussed. The first part of paper talks about the 52nd amendment of Indian Constitution which relates to the anti-defection law. The second part of the paper describes the question of disentitlement on the grounds of defection, whether a M.P. or M.L.A can be disqualified or not on the grounds of defection. It also provides the jurisdiction of courts and procedure of disqualification. Lastly some suggestion and judicial approaches are discussed in the end.