Anti-Defection Law, Elections, Political Parties & Pressure Groups

1. 10th Schedule — The Anti-Defection Law

1.1 Historical Background

The phrase "Aaya Ram Gaya Ram" entered Indian political vocabulary in 1967 when Haryana MLA Gaya Lal changed parties three times in a single day. This symbolised the instability caused by floor-crossing. The 52nd Constitutional Amendment Act, 1985, enacted during the Rajiv Gandhi government, inserted the 10th Schedule into the Constitution to disqualify legislators who defect from their party.

1.2 Scope and Application

• Applies to members of both Houses of Parliament (Lok Sabha and Rajya Sabha) and members of State Legislatures (Vidhan Sabha and Vidhan Parishad).
• Does not apply to independent members or nominated members who join a party within 6 months of being nominated (an independent who joins a party is disqualified; a nominated member who joins within 6 months is allowed).
• Decision on disqualification: by the Chairman of Rajya Sabha / Speaker of Lok Sabha / Speaker of State Legislature — as the case may be.

2. Grounds for Disqualification

A member of a House is disqualified on two grounds under the 10th Schedule:

2.1 Ground 1 — Voluntary Giving Up of Membership (Para 2(1)(a))

• If a member voluntarily gives up the membership of his/her political party, they are disqualified.
• The word "voluntarily" is crucial — the SC has held (in Ravi Naik v. Union of India, 1994) that voluntarily giving up does not necessarily mean formal resignation. Conduct, statements, and actions that unambiguously indicate a member has given up party membership can also attract disqualification.
• Example: If a BJP MP publicly campaigns for the Congress candidate in a by-election, this may amount to voluntarily giving up BJP membership even without formal resignation.

2.2 Ground 2 — Voting Contrary to Party Whip (Para 2(1)(b))

• If a member votes or abstains from voting in the legislature contrary to any direction issued by the political party (i.e., a whip) without the prior permission of the party, they are disqualified.
• The party must have not condoned such voting/abstention within 15 days.
• "Prior permission" is the key escape valve — if the party gives prior permission to vote against a whip, no disqualification results.
• Three-line whip is the most stringent — member must attend and vote as directed.

3. Exceptions — Who is NOT Disqualified

3.1 Merger Exception (Para 4) — The Only Surviving Exception

A member is not disqualified if their legislature party merges with another political party and the merger is supported by at least two-thirds (2/3) of the total membership of the legislature party.

• Both the original party and the merged party must recognise the merger.
• Example: If a party has 30 MLAs, at least 20 (2/3) must agree to merge for the merger exception to apply. The remaining 10 who do not agree are NOT disqualified either — they can claim to be the original party.
• The merger must happen at the level of the original political party (not just the legislature party) — this is a debated point.

3.2 Speaker / Chairman Exception (Para 5)

A member who is elected as the Speaker or Deputy Speaker of the Lok Sabha / Vidhan Sabha, or Chairman or Deputy Chairman of Rajya Sabha / Vidhan Parishad is not disqualified if they:

• Voluntarily give up membership of their party on being elected as Speaker/Chairman (by convention, the Speaker is expected to act impartially).
• Rejoin the party immediately after ceasing to be Speaker/Chairman.

3.3 What Was Removed — The "Split" Provision (Original Para 3)

4. Speaker's Role & Judicial Review

4.1 The Decision-Maker

Under Para 6 of the 10th Schedule, the Speaker / Chairman of the relevant House is the sole authority to decide petitions for disqualification. Their decision is final.

• The Speaker acts in a quasi-judicial capacity when deciding disqualification petitions.
• There is no specified time limit in the Constitution for the Speaker to decide — leading to deliberate delays (a major criticism).
• The Speaker can refer the matter to the Election Commission for opinion on the identity of the original party.

4.2 Original Para 7 — Ouster of Courts

The original Para 7 of the 10th Schedule stated that no court shall have jurisdiction with respect to any matter connected with the disqualification of a member. This was intended to make the Speaker's decision final and non-justiciable.

4.3 Kihoto Hollohan v. Zachillhu (1992) — Landmark Ruling

5. Key Cases — Anti-Defection Law

6. Political Parties — Registration & Recognition

6.1 Registration with Election Commission of India

Political parties are registered under Section 29A of the Representation of the People Act, 1951 with the Election Commission of India (ECI). Key requirements:

• The party must have its constitution/rules in writing.
• It must subscribe to the principles of socialism, secularism, and democracy and uphold the sovereignty, unity and integrity of India.
• The party must not be associated with or propagate violence.
• Registration gives the party legal status; recognition gives additional benefits.

6.2 Recognition as a National Party

A party is recognised as a National Party if it fulfils any ONE of the following criteria:

1. Secures at least 6% of valid votes polled in any four or more states in a general election to Lok Sabha or state assemblies, AND wins at least 4 seats in the Lok Sabha; OR
2. Wins at least 2% of seats in the Lok Sabha from at least 3 different states — currently 2% of 543 = approximately 11 seats; OR
3. Is recognised as a State Party in at least 4 states.

6.3 Recognition as a State Party

A party is recognised as a State Party in a state if it fulfils any ONE of the following:

1. Secures at least 6% of valid votes in the state at a general election to the state assembly AND wins at least 2 seats in the state assembly; OR
2. Wins at least 3% of seats in the state assembly (minimum 3 seats); OR
3. Wins at least 1 seat in Lok Sabha for every 25 Lok Sabha seats allotted to that state (or fraction thereof); OR
4. Secures at least 8% of valid votes polled in the state at a general election to the Lok Sabha or state assembly.

6.4 Benefits of Recognition

6.5 National Parties (as of 2024)

After ECI's delisting exercise, the following parties hold National Party status: BJP, INC, CPI(M), CPI, BSP, NCP (factional disputes — SC/Ajit Pawar factions), TMC. Note: TMC lost and regained national party status. NCP status is under dispute after the 2023 split. The list changes based on electoral performance reviewed after every general election.

6.6 Inner-Party Democracy

• Unlike the USA, India has no legal requirement for internal elections within political parties.
• The ECI can direct parties to hold organisational elections (advisory), but compliance is uneven.
• Law Commission (2015) recommended statutory provisions for inner-party democracy.
• Political parties are not treated as "state" under Art. 12 — SC held in Indian National Congress v. Institute of Social Welfare (2002) that parties are not amenable to writ jurisdiction for internal matters.

7. Party Funding & Electoral Bonds

7.1 Sources of Party Funding

• Membership fees — negligible in practice.
• Individual donations — disclosed above Rs. 20,000; parties file returns with ECI.
• Corporate donations — under Section 182 of Companies Act 2013; disclosed in audited accounts; earlier limit of 7.5% of average net profit removed in 2017.
• Electoral Trusts — set up under ECI scheme; transparent pass-through mechanism for corporate donations.
• Electoral Bonds — now struck down (see below).
• State funding of elections — debates ongoing; 2nd Administrative Reforms Commission (ARC) recommended partial state funding; Indrajit Gupta Committee (1998) recommended state funding of recognised parties.

7.2 Electoral Bonds — Struck Down (February 2024)

7.3 Inner-Party Democracy & Transparency

• ECI can request parties to file annual accounts; parties registered under Section 29A are exempt from income tax (Section 13A of Income Tax Act).
• No RTI on political parties — SC in Subhash Aggarwal v. ECI (2013) held ECI is a public authority but parties themselves are not directly covered under RTI; ECI had declared 6 national parties as public authorities in 2013 but parties challenged this.
• ADR (Association for Democratic Reforms) and RTI activists continue to push for party transparency.

8. Coalition Government

8.1 Features of Coalition Government

• A government formed by a coalition (alliance) of multiple political parties, none of which has an outright majority on its own.
• Parties come together through a Common Minimum Programme (CMP) — a negotiated policy document outlining agreed-upon priorities.
• The government must regularly demonstrate majority through floor tests under Art. 75(3) — collective responsibility to Lok Sabha.
• Cabinet portfolios are distributed among coalition partners — reducing the PM's free hand in Cabinet formation.

8.2 India's Coalition Experience

8.3 Challenges of Coalition Government

8.4 Constitutional Provisions

• Art. 75(3) — CoM collectively responsible to Lok Sabha; floor test required.
• Art. 75(2) — Ministers hold office during President's pleasure (i.e., PM's confidence).
• No-confidence motion (Art. 118 read with LS Rules) — minimum 10 days notice; passed by simple majority.
• S.R. Bommai v. Union of India (1994) — majority must be proved on the floor of the House, not by Governor's subjective assessment — limits Governor's power to dismiss state governments; also protects coalition CMs.

9. Pressure Groups — Types & Methods

9.1 Definition and Distinction from Political Parties

Pressure groups (also called interest groups) are organisations that seek to influence public policy and government decisions without directly contesting elections or forming governments. Unlike political parties, they do not seek political power directly — they influence those who hold power.

9.2 Classification of Pressure Groups

Gabriel Almond's typology (most cited in UPSC) classifies pressure groups into three broad types:

9.3 Major Associational Pressure Groups in India

9.4 Methods of Pressure Groups

9.5 Role and Criticism

10. Prelims PYQs

11. Mains PYQs

12. Revision Box — 4 Critical UPSC Traps