It is highly unlikely that political defections as well as India’s anti-defection law will ever not be a part of public discourse. The Speaker of the Maharashtra Assembly, Rahul Narwekar, is currently juggling his responsibilities of presiding over the Assembly’s winter session alongside hearing the disqualification petitions against the rival factions of the Shiv Sena.
The anti-defection law, found under the Tenth Schedule of the Constitution, was enacted to curb frequent floor-crossing by legislators. It provides for the disqualification of elected legislators from the legislature in instances where they voluntarily switch parties or vote against the party’s direction. But when two-thirds of elected members of a party agree to “merge” with another party, they become exempt from disqualification. Before 2003, there was a provision where, if as a result of a split in the original party, one-third of the members of the legislature moved out of the party, they were exempt from disqualification. However, given its excessive misuse, the provision was omitted by the 91st Amendment to the Constitution.
