JUDICIAL INTERVENTION IN THE ANTI-DEFECTION LAW: IMPACT, IMPLICATIONS AND QUEST FOR CONSTITUTIONAL EQUILIBRIUM IN INDIA

Abstract

The Anti-Defection Law in India was implemented with the aim of mitigating political opportunism and defections among elected officials. Since its introduction, this law has experienced substantial involvement of judiciary. This research paper examines the various dimensions of the influence and consequences of judicial intervention in the Anti-Defection Law, and its pursuit of constitutional equilibrium within the political framework of India. The Tenth Schedule of the Indian Constitution, more commonly known as the Anti-Defection Law, was drafted with the primary goal of maintaining party discipline and protecting India's fledgling democracy. Nevertheless, throughout the course of time, it has sparked controversial legal and political discussions. The Indian judiciary has been instrumental in the interpretation and establishment of the parameters of this legislation, effectively managing the tension between discouraging political defections and upholding the democratic entitlements of elected officials. This research paper explores significant judicial decisions and their implications for the Anti-Defection Law, analysing the extent to which judicial intervention has shaped the operations of legislative bodies, party politics, and the democratic principles in India.