In the Indian constitution 10th schedule discusses about the anti defection law is made basically to prevent political defection prompted by the decoy of office or material benefit.
This Anti-defection law was passed by parliament in 1985 and also reinforce in 2002.
INTRODUCTION
In the Indian constitution, the 10th schedule is basically referred to as the Anti Defection Law which was inserted because of the 52nd Amendment act 1985 in the Indian constitution. Defection is defined as ” Conscious desertion of fidelity or duty”.“ To frequently leave a group or stance in order to align with the opposition”. This law was basically enacted or created to clinch that the member of the party does not violate the decree or command of the joined party and in case he does so, the member will lose his membership in the House Also the law applies to both State Assemblies and Parliament Assemblies This law focus to prevent MPs from alteration of political parties for any of their motive such as any professional or persona.
ORIGIN
The phrase which become popular in Indian politics was “Aaya Ram Gaya Ram “.This phrase was made when the Haryana MLA Gaya Lal changed his party three times on the same day in the year 1967.
The defection remains common in the pre and post- independence as well which is observed by many scholars “Within the duration between 1967 -1972 where 4000 members which included the members of Legislative assembly and Lok sabha of the State also Union territories, Arround 2000 cases of Counter defection as well as defection”.
The bill on Anti-defection law introduce several time in the Houses , But either it get rejected or bill blunder every time During the government of Rajiv Gandhi this will become an Act through the 52nd Constitutional Amendment Act .This Act has been challenged many time after the incorporation in the Constitution.
Firstly came into the picture in the case of “KIHOTO HOLLOHAN V. ZACHILHU AND OTHERS “.
MEANING OF ANTI DEFECTION LAW
The Anti-defection law sought to anticipate such or those political defections that may be due to the requital of office or other similar considerations.shunning by one member of a party of his loyalty towards its political party. Under this Anti-defection, law member of any political party will be disqualified or may be removed from the membership of the house.
Defection’ has been defined as, “To abandon a position or association, often to join an opposing group”.
VARIOUS GROUNDS FOR DEFECTION
- Violation of Rules or Order:- If the member refuses from voting in any House which becomes antithetical to any order or direction given or suggested by his political party.
- Discretionary given up:- Any elected member discretionary Quit his membership of a political party.
- Designated Member:- Whether any independently designated member Joins any political party.
- Appointed Member:- If any appointed member joins any political party after six – a month expiry.
INFLUENCE OF DEFECTION ON THE POLITICAL SYSTEM
- Insurgency of Electorial mandates:- Defection is the insurgency of Electorial mandates by an administrator who gets handpicked on the ticket of a party but then found it suitable to shift to another, because of decoy financial profit or gain.
- Government functions get affected:- “Aaya Rama Gaya Rama”the famous slogan which was coined against the background of the unbroken defection of the administrator in the 1960s as a result, the defection leads to uncertainty in the government and also affects the legislation.
- Encourage Bargain (Horse Trading ):- Defection also encourages Bargaining or Horse trading of administrators or legislators which goes against the command or decree of the parliamentary setup.
Recommendation Came regarding Anti-defection law
- Law commission 170th Report:- Remove the indemnity in case of cleaves and fusion. The party should issue the strap only during the critical situation or votes Contemplate the pre-poll electoral front as a party under schedule 10.
- Dinesh Goswami committee:- It is advised that only situations like a member quitting his political party freely should result in disqualification.
- Election commission:- Making the governor, as well as the president the decision maker in respect of importance subject to irrevocable advice or suggestion from the election commission on the above line of importance deploys on the representation on the provision of peoples Act’s related to the office of gain or profit.
DEVIATION OR EXCEPTION UNDER ANTI – DEFECTION LAW
A situation creates where 2/3 of legislators or parliamentarians of any political party decide to amalgamate into another party, Not only the member who decide to join and not ones who defer with the indigenous will face disqualification. The person who is elected as a speaker or chairman can leave his party and also return to the political party if he abdicates that post. Previously, the legislation permitted parties to be divided; however this is now prohibited.
CASE LAW RELATED TO ANTI-DEFECTION LAW
- Shri Kihota Hollohon vs Mr. Zachilhu And Others,18th Feb 1992.
- Mayawati vs Markandeya Chand & organization ,9th oct 1998.
- S.R.Bommai And Others vs Union of India And others,4th Aug 1989
DOES THE ANTI-DEFECTION STATUTE IMPACT THE CAPACITY OF LAWMAKERS TO AFFFFDECIDE?
By preventing lawmakers from switching sides, the anti-defection law seeks to preserve a stable administration. However, this rule also restricts a legislator’s ability to vote in accordance with his conscience, judgment, and the interests of the electorate. By ensuring that members vote based on the decisions made by the party leadership and not what their people would like them to vote for, this type of circumstance limits the legislature’s ability to oversee the government. Regardless of the issue’s nature, political parties instruct MPs on how to vote on the majority of topics. An MP or MLA is not sufficiently encouraged to study a topic in depth by anti-defection.
CONCLUSION
It can be said that the law has been somewhat successful in minimizing political defections, but there are still some blemishes in the time frame for deciding the disqualification plea. Even so despite these blemishes or flaws, the bigger harm caused by frequent defections has been somewhat reduced.
This article is written by Sonali Srivastava, a third-year student at PSIT College of Law in Kanpur.
