Brief Context
In News Recently, Himachal Pradesh Chief Minister highlighted the anti-defection law’s key role in protecting democracy during a 2024 political crisis. Anti-defection Law The Tenth Schedule of the Constitution, commonly known as the anti-defection law introduced in India in 1985 through the 52nd Constitutional Amendment. It was aimed at curbing rampant party-switching by legislators that often destabilised elected governments and undermined democratic mandates.
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Syllabus :GS2/Governance
In News
- Recently, Himachal Pradesh Chief Minister highlighted the anti-defection law’s key role in protecting democracy during a 2024 political crisis.
| What is Defection? – It occurs when a member voluntarily leaves their party, votes against party instructions, or stays absent from the House despite party leadership’s direction to be present. |
Anti-defection Law
- The Tenth Schedule of the Constitution, commonly known as the anti-defection law introduced in India in 1985 through the 52nd Constitutional Amendment.
- It was aimed at curbing rampant party-switching by legislators that often destabilised elected governments and undermined democratic mandates.
- The infamous “Aaya Ram, Gaya Ram” phenomenon epitomised the unethical political culture, where legislators frequently switched allegiances for personal gain undermining voter trust and destabilising governments.
Key Provisions
- It provides for the Presiding Officer of the legislature to disqualify any defector on a petition by another member.
- It contemplates two kinds of defection: (a) by a member voluntarily giving up membership of the party on whose symbol he got elected (b) by a member violating a direction (whip) issued by his party to vote in a particular way or to abstain from voting.
Exceptions
- Originally, the Tenth Schedule allowed two exceptions to disqualification: a split by one-third of a legislature party and a merger approved by two-thirds of the members.
- Change by the 91st Amendment (2003): To strengthen the anti-defection law and prevent its misuse, the provision allowing for “splits” (the one-third exception) was removed.
Role of Anti-Defection Law in Protecting Democracy
- Upholding Electoral Mandate: The law prevents legislators from betraying the party under which they were elected, thus honouring the choice of voters.
- Example: Prevents a post-election “deal culture” where MLAs shift loyalties for ministerial perks.
- Ensuring Government Stability: By discouraging sudden party-switching, especially during no-confidence motions or budget votes, the law promotes continuity in governance.
- Promoting Party Discipline: The law enforces discipline through the party whip mechanism, essential for coordinated functioning in a parliamentary democracy.
- Curbing Corruption and Opportunism: By deterring political defection for personal gains, the law attempts to reduce unethical practices like bribery and horse-trading.
Criticisms
- Speaker’s Discretion and Delays: No time-bound requirement to decide on disqualification.
- Political bias often clouds impartial decision-making.
- The Supreme Court in Keisham Meghachandra Singh v. Manipur Speaker (2020) held that Speakers must decide within a reasonable period of 3 months, but it’s not enforceable.
- Opaque Use of Party Whips: Internal party mechanisms of issuing whips lack transparency.
- Ambiguity about whether legislators are properly informed of the whip.
- Judicial Limitations: Courts are reluctant to intervene promptly due to the “autonomy of the legislature”.
- This leads to status quoism, allowing defectors to enjoy power till the term ends.
- Fails to Discourage Wholesale Defections: Law still enables engineered mergers under the garb of “2/3rd” support.
- Recent examples: Goa (2019), Arunachal Pradesh (2016) show how the law can be outmaneuvered by larger parties.
Conclusion and Way Ahead
- Time-bound Decisions: Amend the Tenth Schedule to require decisions is a defined time frame, failing which disqualification is automatic.
- Transparent Whip Communication: Legal mandate for publication of whips (e.g., newspapers, online).
- Independent Tribunal: Instead of the Speaker, a neutral body (perhaps under ECI) should handle disqualifications, as recommended by:
- Dinesh Goswami Committee (1990)
- Law Commission Report 170 (1999)
- National Commission to Review the Working of the Constitution (2002)
Source: TH