Anti-Defection Law
WHAT IS ANTI-DEFECTION LAW?
- It is a law punishes individual Members of Parliament (MPs)/Members of legislative Assembly (MLAs) for leaving one party for another.
- It has provisions for the disqualification of elected members on the grounds of defection to another political party.
- Added to the Constitution by 52nd Amendment Act, 1985.
WHAT IS THE PURPOSE OF ANTI-DEFECTION LAW?
- To bring stability to government by discouraging legislators from changing parties.
WHAT IS THE GROUND FOR DEFECTION?
- voluntarily gives up his membership of a political party.
- votes or abstains from voting in such House contrary to any direction issued by his party, without obtaining prior permission.
- Independently elected member joins any political party.
- Nominated member joins any political party after the expiry of six months.
HOW DEFECTION AFFECTS THE POLITICAL SYSTEM?
- It is a violation of electoral mandates.
- Leads to instability in the government.
- Affects the administration.
- Promotes horse-trading of legislators which is against the mandate of a democratic setup.
SOME OTHER FEATURES OF ANTI-DEFECTION LAW?
- It allows one-third of the elected members of the political party to join (i.e., merge with) another political party without inviting the penalty for defection.
- Members disqualified under the law can stand for elections from any political party for a seat in the same House.
WHAT ARE THE CHALLENGES BEFORE ANTI-DEFECTION LAW?
- MP or MLA must follow the party’s direction blindly and has no freedom to vote in their own judgment.
- Law makes MPs/MLAs accountable first to the political party.
- No clarity in the law about the timeframe for the action by Chairperson or Speaker.
- It allows wholesale defection, but retail defection is not allowed.
- Created a democracy of parties and numbers in India, rather than a democracy of debate and discussion.