Anti-Defection Law, which the Union Government brought in to combat periodic changes in the political allegiance of a party, popularly known as the Tenth Schedule of the Indian Constitution, came into existence in 1985. It aims to check the ‘vote for sale’ by the elected representatives in the Legislature thus stabilizing governments. The intent is to protect the sanctity of electoral mandate from acts of opportunism in politics.
| GS Paper | GS Paper II |
| Topics for UPSC Prelims | Definition of Anti-Defection Law, 52nd Amendment Act of 1985, Role of the Speaker in disqualification, Schedule 10 of the Indian Constitution. |
| Topics for UPSC Mains | Criticism and effectiveness of Anti-Defection Law, Judicial interpretation and role of the courts , Impact on the functioning of Indian democracy and the parliamentary system, Reforms suggested for improving the law, including the Dinesh Goswami Committee report. |
Anti-Defection Law or Anti-Change of Party by Members of Parliament and Legislature Councilors Act, 1985 is that law which does not allow the elected representatives to change their political parties after they have been elected. It therefore prevents legislators from following other parties if there is a personal gain involved and thereby maintains stability in politics. A legislator can be disqualified for voluntarily resigning from his party or disobeying directions in crucial votes such as motions of confidence or no confidence.
This law is provided in the defection law schedule which incidentally happens to be the Tenth Schedule of the Indian Constitution. It helps maintain the electoral mandate and underlines the allegiance of elected politicians to the party that they represent in fighting the elections.
The Anti-Defection Law relates to political instability in the 1960s and 1970s when the news used to be “Aaya Ram Gaya Ram”. In 1985, during then Indian Prime Minister Rajiv Gandhi, the law was introduced into the constitution. The law has undergone various amendments in later years to strengthen the law and to fill loopholes used by politicians.
From defection, the statute has listed grounds for disqualification. Such provisions ensure that representatives of the people remain faithful to the party that elected them. These are:
It is granted under the provisions of the Anti-Defection Law based on voluntary resignation from his political party or is deemed to have resigned by joining another party. It prevents the elected representatives from switching parties for personal benefits or disrupting political stability while voting against the party directives.
The right to hold office can be lost while voting or abstaining from voting against the official direction, referred to as the whip of the party, of major legislative issues like no-confidence motions or bills on budget. It makes legislators align with the stand of their parties on pertinent matters and maintains party discipline.
Even independent candidates who align themselves with a particular political party after the election will be disqualified under the Anti-Defection Law. Independent members are also supposed to retain their status as non-party members since they were elected upon such assumption to protect their non-partisan status.
Members of a legislative body elected to the post but joining any political party after the lapse of six months after their election would be disqualified. It ensures that nominated members do not change sides or transfer their political allegiance and make use of their nomination as a means of advancing some political ends of one or other party after their election.
The Anti-Defection Law too has at its core a very significant role of the Speaker. Disqualification of members has been left entirely to the Speaker. It is final but judicially reviewable. Such a function has often been criticized as it is said to be biased as speakers are normally nominated by the party in power. Hence there have been demands for amendment in order to make it less biased.
Defection has detrimental implications for the political system. It is a form of disruption to stability in governments and renders the electoral mandate useless. Repeated defections produce a sense of lack of continuity of policies and governance in as much as the new governments might strive hard to reverse decisions by the previous ones. This leads to inefficiency and confusion within the administration.
These are some of the propositions that may help improve the Anti-Defection Law to attain stability in politics. These measures may further strengthen the law up to an extent:
Granting an active role to the judiciary in the process of resolving defection cases would surely make it just, transparent, and free from biases since there does exist a neutral approach as the role of the Speaker may give way to biases; therefore, the fair and consistent disqualification cases can be achieved.
An independent authority for issuing decisions on matters related to defection would keep political considerations far off while ensuring a much better balanced procedural approach towards handling the dispute resolution so that decisions arrived at over the issue of disqualification do not get determined by party leadership.
It will introduce time-bound resolutions regarding cases of defection so that the protracted delays are prevented and the decisions can be taken speedily and efficiently. This would permit the legislature to provide stability by avoiding protracted uncertainties about the membership status of defecting legislators.
It will clarify and complete the Anti-Defection Law, so as not to be exploited. Sharper definitions regarding what “defection” actually is might stabilize it as a solitary thread stringing through different legislative bodies and cases.
The promotion of more intra-party democracy would also ease defections since legislators will be involved in the processes and hence more attentive. Rehabilitation of issues within parties and the creation of an atmosphere that is closer to them would reduce the propensity to switch allegiance.
Anti-Defection Law significantly contributes to government stability since legislators cannot switch parties for their gain. It certainly brought much-needed discipline to the political system but, of course, with all its flaws. It certainly constrains legislators from opportunistic defections but simultaneously inhibits the freedom of elected representatives from voicing dissent. An ever-changing political scenario has also necessitated that the Anti-Defection Law should be periodically updated and refreshed so that it continues to remain viable and effective in attaining a stable democracy.
| Anti Defection Law UPSC Notes |
| 1. The Anti Defection Law was enacted in 1985 through the 52nd Amendment to prevent political defections. 2. It aims to curb the destabilization of elected governments caused by opportunistic party switching. 3. The law is contained in the Tenth Schedule of the Indian Constitution and applies to both Parliament and state assemblies. 4. A legislator can be disqualified for voluntarily giving up membership of their party or voting against party directives. 5. The Speaker of the House has the authority to decide on disqualification cases under the Anti Defection Law. 6. Critics argue that the law limits freedom of expression and dissent within political parties. 7. Defection continues to occur due to loopholes, including the provision that allows mass defections under a two-thirds split rule. 8. Reforms have been suggested to make the law more effective, such as shifting decision-making power to an independent body like the Election Commission |
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