THE NATIONAL LAW INSTITUTE UNIVERSITY

Trimester-III

PROJECT SYNOPSIS

CONSTITUTIONAL LAW-I

ANTI-DEFECTION LAW IN INDIAN CONSTITUTION

SUBMITTED TO- SUBMITTED BY-

MISS KULDEEP KAUR SUYASH PANDEY

2019BALLB41
INTRODUCTION:-

The original Constitution of India had no mention of political parties. But, ever since the
multi- party system evolved, the Indian parliamentary system has witnessed defections in
large numbers from one political party to another, resulting almost in the breakdown of
public confidence in a democratic form of government. Defection is defined as “desertion by
one member of the party of his loyalty towards his political party, his duty towards his party
or to his leader”. The practice of switching political sides to grab office was popularly known
as Horse-Trading.1 There was rampant horse-trading and corruption prevalent amongst the
political leaders and political parties. One such incident that left a mark on India’s political
history occurred after the 1967 elections when about 142 MPs and 1900 MLAs switched their
political parties. In order to curb such a practice and the resulting consequences, the Rajiv
Gandhi Government in 1985 introduced anti-defection laws in the Indian Constitution. These
were introduced by way of the 52nd Constitutional Amendment, which inserted Tenth
Schedule in the Constitution, popularly known as the Anti-Defection law. The amendment
put a bar on the elected members of a political party to leave that party or to switch to another
party in the Parliament.

STATEMENT OF PROBLEM

It is said that Anti-defection law tends to restrict the freedom of speech and expression and
also that there are many loopholes in this law.

OBJECTIVES:-

1. To study and make a comprehensive research on Anti-Defection law as stated in the

Indian Constitution.
2. To analyze the merit and demerits of this law in India.
3. To have a detail study of the Anti- Defection Law Amendments taken place Indian
Constitution.
4. To understand the interpretations of the law as per the Supreme Court of India
through the course of history.
HYPOTHESIS

Anti-Defection Law is not contradictory to the freedom of speech and expression and a law
must needed in any political society.

METHOD OF STUDY

This project is based on doctrinal method of data collection.

REVIEW OF LITERATURE

The Indian Constitution – The constitutional amendments

Mp Jain Indian Constitution Law - : This book is an authoritative, evergreen classic on

Indian constitutional law. The book contains in-depth insights that will benefit students,
research scholars, lawyers, judges, legal academics, policy makers and interested citizens
who look for the latest in constitutional jurisprudence.

M Laxmikant Indian Polity

CHAPTERIZATION:-

BIBLIOGRAPHY:-