Anti-Defection Law: When has the Anti-Defection Law been in the spotlight since 2014? Find out when and in which parties major splits occurred.

Anti-Defection Law: The political atmosphere has heated up following the departure of seven Rajya Sabha MPs from the Aam Aadmi Party. Let us explore the instances since 2014 when the Anti-Defection Law has come under discussion.

Anti-Defection Law: On April 24, the Aam Aadmi Party suffered a major political setback. Specifically, seven of the party’s Rajya Sabha MPs quit the party simultaneously; this group includes Raghav Chadha. In light of this, let us examine the various occasions since 2014 when the Anti-Defection Law has been a topic of discussion, and when major splits have occurred within political parties.

The Anti-Defection Law

Since 2014, this law has frequently come into the spotlight across India during instances of political instability, the collapse of governments, and splits within political parties. Following the 91st Constitutional Amendment, the rules have become even more stringent. Now, a mere “split” is no longer recognized as valid; only the merger of two-thirds of the members can protect leaders from disqualification.

The Historic Split in the Shiv Sena

One of the most significant instances of political upheaval was witnessed in 2022. Led by Eknath Shinde, more than 40 MLAs rebelled and broke away from the Shiv Sena. This rebellion led to the collapse of the Uddhav Thackeray-led government. The ensuing legal battle raised several critical questions: Who constitutes the “real” Shiv Sena, and should the remaining MLAs be disqualified? The Supreme Court was compelled to intervene in this matter, making it one of the most high-profile cases involving the Anti-Defection Law in recent years.

The Power Shift in the NCP

Exactly one year later, another political earthquake struck Maharashtra. Ajit Pawar, leading a faction of the Nationalist Congress Party (NCP), decided to join the ruling coalition. This event sparked a fresh debate under the Anti-Defection Law: Does commanding the support of the majority within a party grant immunity from disqualification? The courts have clarified that only a formal merger provides protection, not a mere majority within the party.

Jyotiraditya Scindia’s Departure from the Party

In 2020, Jyotiraditya Scindia, along with 22 legislators, left the Indian National Congress. Instead of directly defecting, these legislators resigned from their posts. Consequently, the Kamal Nath government collapsed. This move cleverly circumvented the Anti-Defection Law.

Resignations in Karnataka

In 2019, in Karnataka, 17 legislators from the Congress and the JD(S) resigned. This led to the collapse of the coalition government led by H.D. Kumaraswamy. Although the Speaker disqualified them, the Supreme Court subsequently permitted them to contest elections.

Internal Rebellion within the Congress

In 2020, in Rajasthan, Sachin Pilot spearheaded a rebellion from within the Congress party. This case presented a slightly different scenario: Would speaking out against the party be construed as defection? The matter reached the courts, raising questions regarding the balance between party discipline and freedom of expression. Delivering its verdict, the court observed that in a democracy, the voice of dissent cannot be stifled.

Repeated Invocation of the Two-Thirds Rule

Two significant instances were witnessed in Goa. In 2019 and 2022, large groups of Congress legislators joined the Bharatiya Janata Party under the “two-thirds rule,” thereby avoiding disqualification. Similarly, in states such as Manipur, Telangana, and Andhra Pradesh, delays by Speakers in adjudicating defection cases became mired in controversy. Consequently, the courts were compelled to intervene.