Context:

Recently, Congress MP Manish Tewari has introduced a private member’s bill in Lok Sabha seeking a major reform of India’s Anti-Defection Law (Tenth Schedule). This is third attempt (after 2010 and 2021) to loosen party control over MPs’ votes.

Key Provisions of the Proposed Bill:

• • Whip applicability restricted to only the following:
    • Confidence motion
    • No-confidence motion
    • Adjournment motion
    • Money bills
    • Other financial matters affecting government stability
  • For all other bills and motions, MPs can vote freely based on:
    • Personal judgement
    • Constituency interests
    • Policy reasoning
  • Procedural reforms proposed:
    • Party directions must be announced publicly by Speaker/Chairman.
    • Defiance would cause automatic cessation of membership.
    • MP can file an appeal within 15 days.
    • Presiding officer must dispose of the appeal within 60 days.

 About Anti-Defection Law (10th Schedule):

·         Introduced by: 52nd Amendment Act, 1985

·         Purpose:

o    Curb “Aya Ram Gaya Ram” politics of frequent party-switching.

o    Ensure government stability.

o    Maintain party discipline and curb corruption.

·         Applicability: MPs (Lok Sabha/Rajya Sabha) and MLAs/MLCs (State Assemblies).

Grounds for Disqualification:

1.       Voluntary Resignation: Giving up party membership.

2.      Defying Party Whip: Voting or abstaining against party directive without permission.

3.      Independent Members: Joining a party after election.

4.     Nominated Members: Joining a party after 6 months of taking seat.

Exceptions:

·         Merger: If 2/3rds of members of a party merge with another party (91st Amendment, 2003).

·         No-Confidence Vote: Party may permit members to vote against or abstain.

Deciding Authority & Judicial Review:

·         Presiding Officer: Speaker/Chairman decides disqualification.

·         Judicial Review: Decisions are reviewable in courts (Supreme Court, Kihoto Hollohan vs Zachilhu, 1992).

Criticism of Current Anti-Defection Regime:

• • Excessive use of the whip has:
    • Reduced Parliament’s capacity to function as a deliberative and quasi-judicial body.
    • Undermined oversight, especially in financial accountability.

Private Member’s Bills (PMBs):

1.      Definition:

·         A Private Member is any MP (elected or nominated) other than a Minister.

·         A bill introduced by such an MP is called a Private Member’s Bill.

·         Drafting responsibility lies with the MP introducing it.

2.      Mechanism:

·         Notice: One-month notice before introduction, with Speaker/Chairman’s permission.

·         Time Allocation:

o    Lok Sabha: Last 2.5 hours of business every Friday.

o    Rajya Sabha: 2.5 hours (2:30–5:00 p.m.) on alternate Fridays.

·         First PMB Passed: Muslim Wakfs Bill, 1952 (Syed Mohammed Ahmad Kasmi).

Conclusion:

Manish Tewari’s bill highlights the tension between party control and legislative freedom in India. While the Anti-Defection Law was designed to ensure stability, it has often curtailed MPs’ independence. Reforming the law to allow conscience-based voting, except on matters affecting government survival, could strengthen democracy by making lawmakers more accountable to their constituents rather than just to party whips.