Between Independence and Obedience: A Critical Appraisal of Office of Profit and the Anti‑Defection Law in India

By : Vinay Kumar Mohan

Page No: 9-18

Abstract
The doctrines of office of profit and anti-defection were introduced in the Indian constitutional scheme with the aim of protecting legislative integrity. Yet, while the office of profit clause aims to insulate legislators from executive inducements, the anti-defection law has made them subservient to their political parties both inside and outside the legislature. This article critically appraises the contradictions between these provisions, tracing their historical background, examining detailed Supreme Court decisions, and arguing that current judicial interpretation has created a paradox of constrained representation. It concludes by suggesting reforms to restore the balance between independence, accountability and stability in India’s parliamentary democracy.

Author
Vinay Kumar Mohan: OSD to Speaker, Assam Legislative Assembly, (Former Joint Secretary, Lok Sabha Secretariat).