Section 2: Disqualification on ground of defection

Q: What does Section 2 of The Constitution (Fifty-Second Amendment) Act, 1985 (Anti-Defection Law) deal with?

Section 2 Anti-Defection Law pertains to "Disqualification on ground of defection". It is part of the The Constitution (Fifty-Second Amendment) Act, 1985, a legislation enacted by the Parliament of India. Section 2 of The Constitution (Fifty-Second Amendment) Act, 1985 (Anti-Defection Law) governs disqualification on ground of defection. As verified on 19 May 2026.

Q: Is Section 2 Anti-Defection Law still in force?

Yes, Section 2 of the The Constitution (Fifty-Second Amendment) Act, 1985 is currently in force across the Republic of India.

Q: What is धारा 2 Anti-Defection Law?

धारा 2 Anti-Defection Law is the Devanagari Hindi reference for Section 2 of the The Constitution (Fifty-Second Amendment) Act, 1985. Section 2 of The Constitution (Fifty-Second Amendment) Act, 1985 (Anti-Defection Law) governs disqualification on ground of defection. As verified on 19 May 2026.

Q: What is Dhara 2 Anti-Defection Law?

Dhara 2 Anti-Defection Law is the Roman Hindi reference for Section 2 of the The Constitution (Fifty-Second Amendment) Act, 1985. "Dhara" means "Section" in Hindi. Section 2 of The Constitution (Fifty-Second Amendment) Act, 1985 (Anti-Defection Law) governs disqualification on ground of defection. As verified on 19 May 2026.

Q: How to cite Section 2 of The Constitution (Fifty-Second Amendment) Act, 1985?

Cite as: "Section 2, The Constitution (Fifty-Second Amendment) Act, 1985 (Anti-Defection Law)" in legal briefs. For academic writing, use the BlueBook format: The Constitution (Fifty-Second Amendment) Act, 1985, § 2 (India).

Law on Tips Editorial Board

(1)

Subject to the provisions of paragraphs 3, 4 and 5, a member of a House belonging to any political party shall be disqualified for being a member of the House-

(a) if he has voluntarily given up his membership of such political party; or

(b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.

(a) an elected member of a House shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member;

(b) a nominated member of a House shall-

(2)

An elected member of a House who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if he joins any political party after such election.

(3)

A nominated member of a House shall be disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188.

(4)

Notwithstanding anything contained in the foregoing provisions of this paragraph, a person who, on the commencement of the Constitution (Fifty-second Amendment) Act, 1985, is a member of a House (whether elected or nominated as such) shall,-

(i) where he was a member of a political party immediately before such commencement, be deemed for the purposes of sub-paragraph (1) of this paragraph, to have been elected as a member of such House as a candidate set up by such political party;

(ii) in any other case, be deemed to be an elected member of the House who has been elected as such otherwise than as a candidate set up by any political party for the purposes of sub-paragraph (2) of this paragraph or, as the case may be, deemed to be a nominated member of the House for the purposes of sub-paragraph (3) of this paragraph.