A Brief note on Anti-Defection law and 10th Schedule

10th Schedule to the Indian Constitution serves as a deterrent to people who jump from one political party to the other. It is a control system used to prevent members of a political party from defecting to another. It also assists MPs and MLAs in joining another political party without facing any consequences. It is listed in the Indian Constitution’s Tenth Schedule. The West Bengal Assembly Speaker Biman Banerjee was recently summoned by the High Court of Kolkata to issue an order in a defection case involving Mukul Roy (an MLA in the state). 

What Is The Anti-Defection Law About?

It all started with the expression “Aya Ram Gaya Ram,” which acquired popularity in Indian politics after Haryana MLA Gaya Lal switched parties three times on the same day.

It took place in 1967. Parliament used the case to justify the addition of the 10th Schedule to the Indian Constitution. This law establishes the procedure for parliamentarians to be disqualified for defection by a legislature’s Presiding Officer in response to a petition from any other member of the House. According to the law, a politician commits defection if he voluntarily leaves his party or disobeys the party leadership’s directions on a vote in the House of Commons. The assumption is that the legislator is violating the party whip with this behaviour.

Challenges of Anti-Defection Law

• The anti-defection bill aims to keep the government stable by preventing legislators from switching sides
• This statute, however, prohibits legislators from voting by their conscience, judgment, and the interests of their constituents
• The anti-defection statute obstructs the Legislature’s oversight duty over the government by assuring that members vote based on party leadership decisions
• In other words, if parliamentarians are unable to vote on legislation independently, they will be unable to serve as an effective check on the administration
• In effect, the Anti-Defection Law implemented the separation of powers between the Executive and the Legislature, concentrating power in the hands of the executives
• According to the legislation, legislators can be disqualified for defection by the Presiding Officer of a legislature based on a petition from any other member of the House
• However, there are other cases in which presiding officials serve the entrenched interests of a ruling political party or government
• Furthermore, the statute makes no provision for the Presiding Officer to decide on a disqualification plea within a specific time frame
• As a result, the ruling sometimes relies on the presiding officer’s whims and fancies
• The Anti-Defection Law implemented a democracy based on parties and numbers rather than debate and discussion in India
• It makes no distinction between dissent and defection in this way, weakening Parliamentary debates on any measure

Exceptions

On the other hand, the legislation does not bind politicians to their political parties indefinitely. In various conditions, legislators can switch parties without fear of being disqualified. This law allows a party to merge with another if two-thirds of its members approve. In such an instance, none of the members face defection accusations. In other situations, if a person was elected as chairman or Speaker and was forced to resign from their party. As a result, they can rejoin the party after leaving that position.

The law originally stated that the Presiding Officer is immune from judicial review. The Supreme Court, however, overturned this in 1992. It was further specified that no interference would be made until the Presiding Officer issued his order.

In India, there have been numerous incidents of desertion. Several MLAs and MPs have switched parties. After combining his party, Jharkhand Vikas Morcha (Prajatantrik), with the BJP in Jharkhand, ex-CM Babulal Marandi is also facing proceedings under the Tenth Schedule. We trust that the preceding explanation clarifies the law for the readers.

91st Constitutional amendment act -2003

Its goals were to reduce the size of the Council of Ministers, prevent defectors from entering public office, and improve  the 10th Schedule of the Indian ConstitutionPreviously, a merger was defined as a defection of one-third of a political party’s elected members. It was amended to at least two-thirds after the amendment.The court also affirmed the Speaker’s broad power in considering cases of MLA disqualification.

Conclusion

Though political instability caused by frequent and unholy changes of allegiance on the part of our country’s legislators has been greatly reduced due to the 10th Schedule of the Indian Constitution, there is still a need for a more rationalized version of the 10th Schedule of the Indian Constitution to help establish a truly representative democracy. Some sitting MLAs in the Manipur administration recently switched to the opposition, causing political uncertainty in the state. This defection politics in Manipur is not unusual; defections have also occurred recently in Karnataka, Madhya Pradesh, Arunachal Pradesh, and Uttarakhand. Political defections by members of the Legislature have influenced the Indian political system for a long time.