The Tenth Schedule's Paragraph 4 exempts two-thirds of legislators merging from disqualification. Recent wholesale defections expose this loophole, transforming splits into legal mergers. Reforming the Speaker's adjudication power and defining mergers strictly prevents the anti-defection law's complete redundancy.
Click to View MoreThe Anti-Defection Law (Tenth Schedule) penalizes legislators for switching parties, targeting political instability. However, ambiguous drafting in Paragraph 4 allows mass defections under the guise of "mergers." Reforming Speaker adjudication and limiting whips are critical for safeguarding democratic mandates.
Click to View MoreThe Anti-Defection Law is undermined by the "Merger" loophole, which incentivizes mass defection. Experts recommend abolishing the 2/3rd exemption and transferring adjudication from the Speaker to an independent tribunal to protect the voter’s mandate and democratic stability.
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