Anti-Defection law

Anti-defection laws did not exist in the Indian constitution and came into existence in 1985 with 52^nd constitutional amendment act. There was felt a need for a strict law to restrict members of parliament to move between parties. Anti-defection law disqualifies a member of Parliament for misconduct on various grounds.

In this article, you will learn about the Introduction of Anti defection law in India, its need, provisions, exceptions, advantages, criticism, and amendments providing key insights for GS Paper-II of Polity section of the UPSC IAS Exam.

Content

• What is Anti-Defection Law?
• Why Anti-Defection Law is required by Indian political system?
• Provisions of the Act
• Exceptions of the Act
• Advantages of Anti-Defection Law
• Criticisms of Anti-Defection Law
• 91^st Constitutional Amendment Act 2003

What is Anti-Defection Law?

• The disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another is defined in Anti-defection law.
• It was introduced by 52^nd amendment act 1985.

Why Anti-Defection Law is required by Indian political system?

• “Aaya Ram Gaya Ram” was a phrase that became popular in Indian politics after a Haryana MLA Gaya Lal changed his party thrice within the same day in 1967.
• The Indian political system had a long issue of defection, so there was need for a law that restricts politicians from changing parties.
• The 52^nd Amendment Act, 1985 provided for the disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another.
• For this purpose, it made changes in four Articles of the Constitution and added a new Schedule- the Tenth Schedule to the Constitution.
• This act is often referred to as Anti-Defection law.

Provisions of the Act:

provisions for disqualification of members of Parliament and the state legislatures on the ground of defection:

• Members of Political Parties: A member of a House belonging to any political party becomes disqualified from the House if:
  • He/she voluntarily gives up his membership of such political party.
  • He/she votes or abstains from voting in such House contrary to any direction issued by his political party without obtaining prior permission of the party and such act has not been condoned by the party within 15 days.
  • If a member violates his party’s whip, he faces expulsion from the House under the law.
• Independent Members: An independent member of a House (elected without being involved in any political party) becomes disqualified to remain a member of the House ifhejoins any political party after election.
• Nominated Members: A nominated member of a House becomes disqualified for being a member of the House if he joins any political party afterthe expiry of six months from the date on which he takes his seat in the House.
  • This means that he may join any political party within six months of taking his seat in the House without inviting this disqualification.

Exceptions of the Act:

The disqualification on the ground of defection does not apply in the following cases:

• If a member goes out of his party as a result of a merger of the party with another party.
• If two third members of a party merge with another party, they will not be disqualified.
• If a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office.
  • This exemption has been provided in view of the dignity and impartiality of this office.

Merits of Anti-Defection law:

• It provides greater stability in the body politics by checking the propensity of legislators to change parties.
• It facilitates democratic realignment of parties in the legislature by way of merger of parties.
• It reduces corruption at the political level as well as non-developmental expenditure incurred on irregular elections.
• It gives a constitutional recognition to the existence of political parties.

Criticisms of Anti-Defection law:

• It does not differentiate between dissent and defection.
• Its distinction between individual defection and group defection is irrational.
• It does not provide for the expulsion of a legislator from his party for his activities outside the legislature.
• Its discrimination between an independent member and a nominated member is illogical.
  • If the former joins a party, he is disqualified while the latter is allowed to do the same.
• Its vesting of decision-making authority in the presiding officer is criticised on below grounds.
  • He may not exercise this authority in an impartial and objective manner due to political exigencies.
  • He may not take action against defection in a time-bound manner, taking advantage of the loopholes in the anti-defection law.
  • Also, he lacks the legal knowledge and experience to adjudicate upon the cases.
    • Two Speakers of the Lok Sabha (Rabi Ray–1991 and Shivraj Patil–1993) have themselves expressed doubts on their suitability to adjudicate upon the cases related to defections.

91^st Amendment Act (2003):

The provisions have not been able to achieve the desired goal of checking defections. The Tenth Schedule has also been criticised on the ground that it allows bulk defections while declaring individual defections as illegal.

Thus, Anti-defection law amendments were introduced in 2003.

Provisions:

• According to Article 75 and 164, the total no. of ministers, including Prime Minister of a central council of ministers should not exceed 15% of the total strength of Lok Sabha/State legislative assembly.
  • The number of ministers, including the Chief Minister, in a state shall not be less than 12.
• A member disqualified under defection is also disqualified for being a minister in the house.
• The member disqualified for defection will also be disqualified for any remunerative political office under the government.
• The provision regarding one third members was also deleted under this amendment which means this law does not protect mass split.

Conclusion

The Anti-Defection Law in India, introduced by the 52nd Amendment to the Constitution in 1985, aims to prevent political defections motivated by the lure of office or other similar considerations. It was enacted to enhance the stability of governments by discouraging legislators from switching parties after elections.
Overall, the Anti-Defection Law plays a crucial role in maintaining the fabric of party politics in India, ensuring that shifts in party allegiance are grounded in genuine ideological realignments rather than opportunistic motives. However, ongoing debates suggest that there is a strong need to revisit and possibly amend the law to strike a better balance between party discipline and individual conscience.

ref:Source-1

Frequently Asked Questions