In the late 1960s and 70s, defections (elected legislators changing parties after the election) in Parliament and State Legislatures became very frequent, so frequent in fact, that the epithet "Aaya Ram Gaya Ram" was coined to describe the same. To curb this problem which created instability in our legislatures, Parliament amended the Constitution. They inserted the Tenth Schedule to the Constitution "to curb the evil of political defections". As a result, we currently have an anti-defection law with the following features: 1. If an MP/MLA who belongs to a political party voluntarily resigns from his party or, disobeys the party "whip" (a direction given by the party to all MPs/ MLAs to vote in a certain manner), he is disqualified. The party may however condone the MP/ MLA within 15 days. 2. An independent MP/ MLA cannot join a political party after the election. 3. An MP/ MLA who is nominated (to the Rajya Sabha or upper houses in state legislatures) can only join a party within 6 months of his election. 4. Mergers of well-defined groups of individuals or political parties are exempted from disqualification if certain conditions are met. 5. The decision to disqualify is taken by the Speaker/ Chairman of the House. The table below summarizes provisions of anti-defection law in some other countries. (For more, click here). As one may note, a number of developed countries do not have any law to regulate defection.
Regulation of defection in some countries |
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| Country | Experi-ence | Law on defection | The Law on Defection |
| Bangladesh | Yes | Yes | The Constitution says a member shall vacate his seat if he resigns from or votes against the directions given by his party. The dispute is referred by the Speaker to the Election Commission. |
| Kenya | Yes | Yes | The Constitution states that a member who resigns from his party has to vacate his seat. The decision is by the Speaker, and the member may appeal to the High Court. |
| Singapore | Yes | Yes | Constitution says a member must vacate his seat if he resigns, or is expelled from his party. Article 48 states that Parliament decides on any question relating to the disqualification of a member. |
| South Africa | Yes | Yes | The Constitution provides that a member loses membership of the Parliament if he ceases to be a member of the party that nominated him. |
| Australia | Yes | No | |
| Canada | Yes | No | |
| France | Yes | No | |
| Germany | Yes | No | |
| Malaysia | Yes | No | |
| United Kingdom | Yes | No | |
The Election Commission has announced the schedule for the election of the President of India. The last date for nominations is June 30, elections will be held on July 19, and counting will take place on July 22. The BJD and AIADMK have proposed the name of Mr. P.A. Sangma. The Samajwadi Party and Trinamool Congress have suggested three names. Other parties or alliances have not announced any contenders. Our calculations show that no single party or alliance has the numbers to unilaterally elect candidates of its choice. A candidate will need 5,48,507 votes to be elected as the President. If the UPA were to vote as a consolidated block, its vote tally would reach 4,49,847 (41% of the total votes). Among the Congress allies, Trinamool holds the largest number of votes (47,898). If Trinamool decides to support some other candidate, the UPA tally will fall to 4,01,949 votes (37% of the total). The votes held by the major alliances are given in the table below:
| Coalition | Value of votes | Percentage of total votes |
| UPA |
4,49,847 |
41.0% |
| NDA |
3,03,912 |
27.7% |
| Left |
52,282 |
4.8% |
| Bahujan Samaj Party |
43,723 |
4.0% |
| Samajwadi Party |
68,943 |
6.3% |
| Biju Janata Dal |
30,215 |
2.8% |
| AIADMK |
36,216 |
3.3% |
| Others |
1,11,874 |
10.2% |
| Total |
10,97,012 |
|
| Minimum required to be elected |
5,48,507 |
|
A detailed break-up of votes held by each party is given in the table below:
| Party | Value of votes | Percentage of total votes |
| Indian National Congress |
3,31,855 |
30.30% |
| Bharatiya Janata Party |
2,32,454 |
21.20% |
| Samajwadi Party |
68,943 |
6.30% |
| All India Trinamool Congress |
47,898 |
4.40% |
| Bahujan Samaj Party |
43,723 |
4.00% |
| Janata Dal (United) |
41,574 |
3.80% |
| All India Anna Dravida Munnetra Kazhagam (AIADMK) |
36,216 |
3.30% |
| Communist Party of India (Marxist) |
35,734 |
3.30% |
| Biju Janata Dal |
30,215 |
2.80% |
| Nationalist Congress Party |
24,058 |
2.20% |
| Independent |
23,830 |
2.20% |
| Dravida Munnetra Kazhagam (DMK) |
21,780 |
2.00% |
| Telugu Desam Party |
21,256 |
1.90% |
| Shiv Sena |
18,320 |
1.70% |
| Shiromani Akali Dal |
11,564 |
1.10% |
| Communist Party of India |
9,758 |
0.90% |
| Rashtriya Janata Dal |
8,816 |
0.80% |
| Others |
7,420 |
0.70% |
| Janata Dal (Secular) |
6,138 |
0.60% |
| Jammu and Kashmir National Conference |
5,556 |
0.50% |
| Rashtriya Lok Dal |
5,412 |
0.50% |
| Desiya Murpokku Dravida Kazhaga (DMDK) |
5,104 |
0.50% |
| Jharkhand Mukti Morcha |
4,584 |
0.40% |
| Muslim League Kerala State Committee |
4,456 |
0.40% |
| Indian National Lok Dal |
4,068 |
0.40% |
| All India Forward Bloc |
3,961 |
0.40% |
| Jharkhand Vikas Morcha |
3,352 |
0.30% |
| Asom Gana Parishad |
3,284 |
0.30% |
| Telangana Rashtra Samiti |
3,044 |
0.30% |
| Revolutionary Socialist Party |
2,829 |
0.30% |
| Bodoland People's Front |
2,808 |
0.30% |
| All India United Democratic Front |
2,796 |
0.30% |
| Praja Rajyam Party |
2,664 |
0.20% |
| Maharashtra Navnirman Sena |
2,275 |
0.20% |
| Kerala Congress (M) |
2,076 |
0.20% |
| All India Majlis-e-Ittehadul Muslimeen |
1,744 |
0.20% |
| Nagaland People's Front |
1,722 |
0.20% |
| Sikkim Democratic Front |
1,640 |
0.10% |
| Peoples Democratic Party |
1,512 |
0.10% |
| Bahujan Vikas Aaghadi |
1,058 |
0.10% |
| Lok Janasakti Party |
957 |
0.10% |
| All Jharkhand Students Union |
880 |
0.10% |
| Haryana Janhit Congress |
820 |
0.10% |
| Mizo National Front |
732 |
0.10% |
| Marumalarchi Dravida Munnetra Kazhagam |
708 |
0.10% |
| Swabhimani Paksha |
708 |
0.10% |
| Viduthalai Chiruthaigal Katchi |
708 |
0.10% |
| YSR Congress Party |
708 |
0.10% |
| Peasants and Workers Party |
700 |
0.10% |
| Pattali Makkal Katchi |
528 |
0.00% |
| Manithaneya Makkal Katch |
352 |
0.00% |
| Puthiya Tamilaga |
352 |
0.00% |
| All India NR Congress |
240 |
0.00% |
| J&K National Panthers Party |
216 |
0.00% |
| Communist Party of India (Marxist-Leninist) |
176 |
0.00% |
| United Democratic Party |
153 |
0.00% |
| Lok Satta Party |
148 |
0.00% |
| Loktantrik Samajwadi Party |
129 |
0.00% |
| J&K Democratic Party Nationalist |
72 |
0.00% |
| People's Democratic Front |
72 |
0.00% |
| Uttarakhand Kranti Dal |
64 |
0.00% |
| Maharashtrawadi Gomantak Party |
60 |
0.00% |
| People's Party of Arunachal |
32 |
0.00% |
| Total |
10,97,012 |
|
Notes: The electoral college for the Presidential election consists of the elected members of Lok Sabha, Rajya Sabha and all Legislative Assemblies. The winning candidate must secure at least 50% of the total value of votes polled. Each MP/ MLA’s vote has a pre-determined value based on the population they represent. For instance, an MP’s vote has a value of 708, an MLA from UP has a vote value of 208 and an MLA from Sikkim has a vote value of 7 (Note that all MPs, irrespective of the constituency or State they represent, have equal vote value). Parties in various coalitions: UPA: Congress, Trinamool, DMK, NCP,Rashtriya Lok Dal, J&K National Conference, Muslim League Kerala State Committee, Kerala Congress (M), All India Majlis-e-Ittehadul Muslimeen, Sikkim Democratic Front, Praja Rajyam Party, Viduthalai Chiruthaigal Katchi NDA: BJP, JD(U), Shiv Sena, Shiromani Akali Dal, Janata Party Left: CPI(M), CPI, Revolutionary Socialist Party, All India Forward Bloc
