Over 100 Lawmakers Switched Parties Since 2022: How the Anti-Defection Law Is Being Bypassed
A recent data analysis shows that between 2022 and 2026, over 100 elected lawmakers in India, at both the central and state levels, switched parties after winning elections.
A count by the Association for Democratic Reforms (ADR) puts the number at 111 sitting MPs and MLAs: 26 Lok Sabha MPs, 7 Rajya Sabha MPs and 78 MLAs.
Most of these switches happened without anyone being disqualified. Lawmakers used gaps (loopholes) in the anti-defection law, such as the "merger" exception, resigning before switching, or simply claiming they never left their party.
Long delays by presiding officers (Speakers and Chairpersons) in deciding disqualification petitions also allowed defectors to keep their seats.
The ruling alliance at the Centre has gained the most from these switches.
The data has renewed calls to reform the Tenth Schedule, for example by taking the power to decide disqualification away from presiding officers.
Anti-Defection Law (Tenth Schedule)
The anti-defection law is a set of rules in the Constitution that punishes an elected lawmaker for leaving the party on whose ticket they won. It is in the Tenth Schedule of the Constitution. A member who "defects" can lose their seat. The aim is to stop lawmakers from changing sides for money or power after voters elected them on a party's name.
Over 100 legislators switched sides between 2022 and 2026, mostly without losing their seats. They used the merger exception, resignations, or claims that their faction was the "real" party, while presiding officers delayed decisions. This is the strongest recent evidence for the long-standing criticism that the Tenth Schedule stops individual defections but not organised, group defections.
Floor Test: Constitutional Basis and Governor's Role
A floor test is a vote in the legislature to check whether the government still has the support of a majority of members. "Floor" means the floor of the House, the place where members sit and vote. If the Chief Minister (or the Prime Minister) wins the vote, the government continues. If they lose, the government must resign.
When legislators switch parties in groups, a government's majority becomes uncertain, and the result is usually decided by a floor test. Many of the 2022 to 2026 defections changed which side held majority in a House, which is why the timing of floor tests, the Governor's role and the delay in deciding defection petitions are all part of the debate on reforming the anti-defection law.
- 111 sitting MPs and MLAs switched parties after winning elections between 2022 and 2026 (ADR count)
- Break-up: 26 Lok Sabha MPs, 7 Rajya Sabha MPs, 78 MLAs
- The ruling alliance at the Centre was the main beneficiary of the switches
- Tenth Schedule added by the 52nd Amendment Act, 1985; split exception removed by the 91st Amendment Act, 2003
- Merger exception needs two-thirds of a legislature party
- Supreme Court guideline: Speakers should decide disqualification petitions within about three months (2020 Manipur case; repeated in the 2025 Telangana case)
- ADR has suggested that disqualification be decided by the President or Governor instead of presiding officers