Anti-Defection Law

The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for another. The anti-defection law was enacted to ensure that a party member does not violate the mandate of the party and in case he does so, he will lose his membership of the House. The law applies to both Parliament and state assemblies.It aims to prevent political defection brought about by the lure of the rewards or perks offered by the other parties. The Tenth Schedule or Anti-Defection law was added to the Constitution via the 52nd Amendment Act, 1985.

How did Anti-Defection Law comes into effect ?

• In Haryana, in 1967, an MLA named Gaya Lal changed his party thrice in a day, after which the phrase “Aaya Ram Gaya Ram” became popular in Indian politics.

• Due to frequent defections of elected and nominated party members, good governance became elusive and an insecure environment was created for the functioning of the state and central governments.

• It was realized that there was a need for an anti-defection law that would seek to prevent such political defections.

• Rajiv Gandhi, the then Prime Minister of India(1984-1989), proposed a bill to remove the evils of defection.

• The 10th Schedule of the Indian Constitution popularly referred to as the ‘Anti-Defection Law’ was inserted by the 52nd Amendment of the Indian Constitution in 1985.

Grounds for disqualification:

A member can be disqualified if :

1. A member of a house belonging to a political party:
• Voluntarily gives up the membership of his political party, or
• Votes, or does not vote in the legislature, contrary to the directions of his political party (Whip). However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.

2. An independent candidate joins a political party after the election.

3.A nominated member joins a party six months after he becomes a member of the legislature.

Power To Disqualify :

• The decision on disqualification questions on the ground of defection is referred to the Speaker or the Chairman of the House, whose decision is final, which can be subjected to Judicial review.

• If a complaint is received regarding the defection of the Chairman or the Speaker, a member of the House who must be elected within the House, shall take the decision.

• All proceedings in relation to disqualification under this Schedule are considered to be proceedings in Parliament or the Legislature of a state as is the case.

• The law does not provide a timeframe within which the presiding officer has to decide a defection case.

Advantages :

• It prevents the menace of political party members from shifting their allegiances.

• It ensures party loyalty among the elected members.

• It provides for a stable and secure Government at both national and state levels.

• It make members of parliaments more responsible and loyal to the parties with whom they were aligned at the time of their election.

• It strengthen democracy by bringing stability to politics.

• It strengthen democracy by bringing stability to politics, ensuring legislative programs of the Government are not jeopardized by a defecting parliamentarian.

Disadvantages :

• Undermining Representative & Parliamentary Democracy: After enactment of the Anti-defection law, the MP or MLA has to follow the party’s direction blindly and has no freedom to vote their judgment.

• Controversial Role of Speaker: In many instances, the Speaker (usually from the ruling party) has delayed deciding on the disqualification.

• No Recognition of Split: Due to the 91st amendment, the anti-defection law created an exception for anti-defection rulings.However, the amendment does not recognise a ‘split’ in a legislature party and instead recognises a ‘merger’.

• Subversion of Electoral Mandates: Defection is the subversion of electoral mandates by legislators who get elected on the ticket of one party but then find it convenient to shift to another, due to the lure of ministerial berths or financial gains.

• Affects the Normal Functioning of Government: The infamous “Aaya Ram, Gaya Ram” slogan was coined against the background of continuous defections by the legislators in the 1960s. The defection leads to instability in the government and affects the administration.

• Promote Horse-Trading: Defection also promotes horse-trading of legislators which clearly go against the mandate of a democratic setup.

Sources : The Hindu , Drishti IAS and Prepp