The Anti-Defection Law in India is a legislative framework aimed at curbing the practice of elected representatives switching political allegiances, which undermines the stability of governments and political parties. This law is enshrined in the Tenth Schedule of the Constitution of India, which was introduced by the 52nd Amendment Act, 1985. The primary objective of the Anti-Defection Law is to discourage lawmakers from defection and promote stability in the political system.
The key provisions of the Anti-Defection Law include:
- Definition of Defection: Defection is defined as voluntarily giving up the membership of a political party or voting against the party’s official whip in the legislature.
- Disqualification: Members of Parliament (MPs) or State Legislatures can be disqualified if they voluntarily resign from their party or violate the party’s directives during voting.
- Exceptions: Defection is not applicable in cases where one-third of the elected members of a party decide to merge with another party. This is seen as a genuine political realignment and not as an act of defection.
- Role of the Speaker/Chairman: The decision on disqualification is made by the Speaker in the case of Parliament and by the Chairman or Speaker of the Legislative Assembly or Legislative Council in the case of state legislatures.
- Judicial Review: The law provides for judicial review of the Speaker’s/Chairman’s decision. Any aggrieved member or political party can challenge the decision in the High Court and, subsequently, in the Supreme Court.
The Anti-Defection Law has several implications for the political landscape in India:
- Promotion of Party Discipline:
The law ensures that elected representatives adhere to the party’s stance, promoting discipline and coherence in policymaking. - Prevention of Horse-Trading:
By deterring elected members from switching parties for personal gains, the law aims to prevent unethical practices like horse-trading. - Stability in Governance:
The law contributes to the stability of governments by reducing the likelihood of abrupt changes in political alignments. - Legal Mechanism for Disqualification:
The legal provisions offer a mechanism for the disqualification of members involved in defection, with recourse to judicial review.
While the Anti-Defection Law serves the purpose of fostering political stability, there have been debates on its effectiveness and the potential need for amendments to address certain challenges. Despite criticisms, the law remains a crucial element in India’s constitutional framework to uphold the integrity of political parties and ensure the smooth functioning of the democratic process.