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The Anti-Defection Act is the name given to the tenth schedule of the Indian Constitution. There were no such provisions in the original constitution. The government incorporated it in the Constitution in 1985. The bill received the President’s approval on 15 February 1985 and the act came into effect on 18 March 1985. The law laid out the process for disqualifying an elected member for the remaining term, who defected either by resigning or by defying the party leadership and being absent on a crucial vote.
What are the reasons for anti-defection law disqualification?
a) If an elected member voluntarily resigns from a political party;
b) If he votes or abstains from voting in such House in violation of any direction issued by his political party or anyone authorised to do so without first obtaining permission from his political party or anyone authorised to do so.
His abstention from voting should not be excused by his party or the authorised person within 15 days of the incident as a condition of his disqualification.
There are a few things to keep in mind when it comes to anti-defection.
The provision’s purpose is to prevent corruption and horse dealing in parliament, as well as the popular phenomena “Aaya Ram Gaya Ram” in Indian politics, which began in the 1960s. It’s worth noting that the goal was never to “stabilise” governments
The law prohibits MPs and MLAs from switching parties after elections and requires members to adhere to the party’s whips
It also applies to a nominated member who joins a political party within six months of being nominated, as well as an independent candidate who joins a political party after the election
If you require more information on anti-defection rules, consult the parliament guide
Defection-Related Problems
Defection is the subversion of election mandates by legislators who are elected on the platform of one party but later find it more convenient to switch to another for cabinet berths or financial gain
Has an impact on government’s usual operations: In the 1960s, the famed slogan “Aaya Ram, Gaya Ram” was coined in response to a steady stream of lawmaker defections. The defection causes government instability and has an impact on the administration
Encourage lawmaker horse-trading: Defection encourages legislator horse-trading, which is plainly against the democratic mandate
Anti-Defection Law’s Consequences
Defying representative democracy’s fundamental spirit: The anti-defection law aims to ensure that parliamentarians do not switch sides, resulting in a stable administration
However, legislators are prohibited from voting in accordance with their conscience, judgement, and the interests of their constituents under this statute
Government is no longer subject to legislative control: By assuring that members vote based on decisions made by the party leadership, the anti-defection statute obstructs the legislature’s oversight authority over the government
In other words, if legislators are unable to vote on bills independently, they will be unable to serve as effective checks on the administration
In effect, the Anti-Defection Law erodes the separation of powers between the Executive and the Legislature, concentrating power in the hands of the executives
Role of presiding officer of the house: The Presiding Officer of the House has the authority to disqualify legislators on the basis of defection by the Presiding Officer of a legislature in response to a petition from any other member of the House
However, there are other cases in which presiding officials serve the entrenched interests of the ruling political party or government
Furthermore, the statute makes no provision for the Presiding Officer to make a decision on a disqualification plea within a certain time frame
As a result, the presiding officer’s whims and fancies are occasionally taken into account while making a judgement
Affects debate and conversation: India now has a democracy of parties and numbers rather than a democracy of debate and discussion, thanks to the Anti-Defection Law
As a result, there is no distinction between disagreement and defection, and Parliamentary debates on every law are weakened
Actions Needed
Use of the anti-defection law in a rational way: According to some analysts, the law should only apply to votes that determine the government’s stability. For example, no-confidence motions or the annual budget
Advice of Election Commission: On the advice of the Election Commission, various commissions, including the National Commission to Review the Working of the Constitution (NCRWC), have recommended that the President (in the case of MPs) or the Governor (in the case of MLAs) make the decision to disqualify a member rather than the Presiding Officer
Independent authority to deal with disqualification: In the Hollohan decision, Justice Verma stated that the Speaker’s tenure is contingent on the continued support of the House majority, and hence he does not meet the criterion for an independent adjudicatory power
Furthermore, his selection as the only arbitrator in the case breaches a key aspect of the basic characteristic
As a result, there is a need for a separate authority to deal with defection situations.
Promoting intra-party democracy: The 170th Law Commission report emphasised the need for intra-party democracy, noting that a political party cannot be both a dictatorship inside and a democracy outside
As a result, the parties should pay attention to the members’ viewpoints and hold conversations about it. Members would have more freedom of speech and expression, and internal party democracy would be promoted as a result
Conclusion
Though political instability caused by frequent and unholy changes of allegiance on the part of our country’s legislators has been greatly reduced as a result of anti-defection laws, there is still a need for a more rationalised version of anti-defection laws to help establish a truly representative democracy.
