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Explained: The anti-defection law, and how it has often failed to discourage defection
The anti-defection law punishes individual MPs/MLAs for leaving one party for another. It allows a group of MP/MLAs to join (i.e. merge with) another political party without inviting the penalty for defection.
The Calcutta High Court has given West Bengal Assembly Speaker Biman Banerjee a deadline of Thursday, October 7 to pass an order in the defection case involving MLA Mukul Roy. He had contested and won the 2021 Assembly elections on a BJP ticket and then joined the Trinamool Congress. BJP MLA Suvendu Adhikari, Leader of Opposition in the Assembly, has petitioned the Speaker to disqualify Roy and two other BJP MLAs for joining the Trinamool Congress. These petitions are under the Tenth Schedule of the Constitution, i.e. the anti-defection law.

Anti-defection proceedings are also going on in other states. In Jharkhand, former CM Babulal Marandi faces such proceedings after merging his party, Jharkhand Vikas Morcha (Prajatantrik), with the BJP. In Rajasthan, six Bahujan Samaj Party (BSP) MLAs have merged their legislature party with the ruling Congress, a move challenged by the BSP, and the Supreme Court recently gave the six MLAs a final opportunity to explain the merger. In Lok Sabha, two Trinamool and one YSR Congress Party MPs face proceedings. The Trinamool Congress wants to disqualify its two MPs (one of them is Sisir Adhikari, father of Suvendu) for joining the BJP, and the YSRCP wants to disqualify its MP for “anti-party activities”.
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