The anti-defection
law, which made its way into Indian statute books through the 52nd amendment
to the Indian Constitution in 1985, seeks to counter the “evil of political
defections.” The law, which added the tenth schedule to the Indian Constitution
sought to end the ‘ayaram-gayaram’ culture which had become a part of Indian
politics wherein MLAs would join one party after another just to stay in power.
Features of
anti-defection law
The anti-defection
law deals with elected members to Parliament and legislative assemblies and
pertains to their changing political groupings after being elected on either a
party ticket or as an independent candidate. The law, which has often
criticised for being too stringent, aims to stop political defections.
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Disqualification: A member of Parliament or a state legislative assembly
can be disqualified from membership if they voluntarily give up their political
party or votes contrary to the directive of their political party in the House
or abstains from voting.
Exception: The exception to the anti-defection law kicks in when
two-thirds of MPs or MLAs of a political party have either decided to create a
separate unit or become a new political party. The key factor in case of
exceptions is that two-thirds of members have to agree to defect for the
anti-defection law to not kick in.
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Criticism of
anti-defection law
Since the adoption
of the anti-defection law at a time when political defections were passe in
Indian politics, political observers have found that the law often stifles the
freedom of legislators to vote “their conscience”. Critics say the role of a
legislator is to vote independently in the House keeping the interests of his
constituency in mind.
However, votaries
of the anti-defection law say that the law has helped in curbing political
bribery and corruption and ensures stability of government.
