Committee Reviews Anti-Defection Law, Eyes Standard Guidelines for Speakers

A committee of presiding officers constituted by Om Birla has intensified its review of the anti-defection law framework, focusing on constitutional interpretation, procedural inconsistencies, and delays in disqualification cases under the Tenth Schedule of the Constitution.

The deliberations were held during the panel’s second meeting in Puri, where members examined how Speakers across states handle petitions seeking disqualification of legislators and the variation in procedures adopted under the anti-defection provisions.

The four-member panel, chaired by Rahul Narwekar, includes U. T. Khader, Sharingain Longkumer, and Surama Padhi. Officials said a key focus was the uneven application of rules relating to Speaker discretion , timelines, and interpretation of provisions such as voluntary resignation and party whip violations.

The committee also discussed concerns highlighted in past legal and institutional reviews, including delays in deciding cases and the need for a more transparent and time-bound mechanism for adjudication. Experts noted that differences in state practices have led to inconsistent outcomes in similar cases.

Senior Lok Sabha officials, state legislative secretaries, constitutional experts, and Odisha Advocate General Pitambar Acharya participated in the discussions. They provided comparative inputs on procedural rules followed in different assemblies and suggested greater standardisation in evidentiary and hearing processes.

Officials said the panel is now moving toward drafting uniform guidelines for all state legislatures , aimed at ensuring consistency, clarity, and improved institutional functioning under the anti-defection law. These guidelines are expected to cover procedures for filing petitions, hearings, and issuing final orders.

The committee clarified that the process remains consultative, with no final recommendations issued yet. Inputs from stakeholders will be consolidated before drafting the final framework.

The next meeting will be held in Karnataka in about two months, where the panel is expected to refine its proposals further. The first meeting was held in Mumbai on February 9 and 10.