Government Formation & Anti-Defection Law Guide | Bharat Samvidhan
Understand the Constitutional process of government formation, coalition rules, and the 10th Schedule (Anti-Defection Law) during election results.
ELECTION RESULT SPECIAL
Power, Alliances & The Law
When the votes are counted, the Constitution takes over. Learn the legal rules that govern how a government is formed and how the Anti-Defection law prevents "Horse Trading."
01. Forming the Government
The Union (Article 75)
The President of India appoints the Prime Minister. By convention, the leader of the party or coalition with the
majority (272+ seats)
is invited.
The PM must prove majority on the floor of the Lok Sabha.
Total Ministers cannot exceed 15% of Lok Sabha strength.
The States (Article 164)
The Governor appoints the Chief Minister. In case of a
Hung Assembly
, the Governor uses 'discretionary powers' to invite the most stable coalition.
The Governor may ask the leader to submit letters of support.
The Council of Ministers is collectively responsible to the Assembly.
02. The Anti-Defection Law (10th Schedule)
Inserted by the 52nd Amendment (1985), this law prevents elected members from switching parties after winning an election.
Grounds for Disqualification
Rule 01
Voluntary Resignation
If a member voluntarily gives up membership of their political party.
Rule 02
Defying the 'Whip'
Voting (or abstaining) against party directions without permission.
Rule 03
Independent Members
If an independent winner joins any political party after the election.
The "Merger" Exception
The 2/3rd Rule
A member is
NOT
disqualified if their original party merges with another party, provided that at least two-thirds (2/3)
of the members of the legislature party agree to the merger.
Note on Split
Earlier, a 1/3rd 'split' was allowed, but the 91st Amendment (2003) removed this exception. Now, only a full 2/3rd merger is recognized.
The Speaker's Power
The Chairman or Speaker of the House has the final authority to decide on disqualification. There is no time limit set in the Constitution for this decision.
Judicial Review
While the 10th Schedule says the Speaker's decision is final, the Supreme Court ruled in
Kihoto Hollohan (1993)
that the decision is subject to judicial review by High Courts and the SC.
Collective Responsibility
Under Articles 75(3) and 164(2), the Council of Ministers is collectively responsible to the House. If a **No-Confidence Motion** passes, the entire government must resign.
Legal Accuracy Audit
This guide is audited against the **2024 Digital Edition of the Constitution of India** (Ministry of Law & Justice).
Always consult the official Gazette for current legislative notifications during the election result cycle.