INTRODUCTION
“Elections in any democratic country allow the citizen to assert their desire and defection occurring in-between the election undermines that desire.”
Before discussing further about anti defection law it is necessary to discuss the background of the Tenth schedule to know the goal and objectives of the identical.
It is the origin of the anti-defection law which throws light over introduction of Anti-defection law in India. Tenth schedule was 52nd Amendment (1985) to the constitution, which is popularly known as the ‘ANTI DEFECTION LAW’. It is necessary to understand each and every term about the same. So, Defection in a layman language states that jumping from one political party to the other after getting elected and moreover to renounce a position or association often to join an opposing group. So for this purpose law was enacted to ensure that party members do not violate the mandate of the party and to prevent MLA’s and MP’s from switching political parties .
ORIGIN
The problem of defection was not new to the functioning of the Indian Parliamentary democracy but Defections were common in India from the pre independence. This could be seen under the case of a politician named GAYA LAL which is as follows:
In Indian politics Aaya Ram Gaya Ram was a phrase that became popular after a Haryana MLA Gaya Lal changed his party thrice within the same day in 1967.The elections were held in Haryana for the first time and Gaya Lal won the election as an independent candidate and joined the Congress Party and after few hours of the same day he joined the United Front and after few hours he again joined the Congress Party. So he changed parties three times in a day. So this phrase Aaya Ram Gaya Ram was a gift from Haryana to India’s political system. After this incidence several politicians continued to change their parties for their personal benefits but to put an end to this situation, an Anti-Defection Law was passed in 1985.
ANTI DEFECTION LAW
Anti-Defection law is included under the ARTICLE 190 of the CONSTITUTION of India which states that, no person can be the Member of Both Houses of legislature of a state and provisions will be made for the same .
Anti-defection law in India is same as Tenth schedule and It was approved to address the problem of instability caused by elected legislators in Indian system of government. It is applicable to both Parliament and State Assemblies and further it specifies the process for presiding officer to take the decision on the basis of Defection. It was passed in 1985 to prevent such acts and it was included in the RAJIV GANDHI government as a part of the Tenth schedule.
PROVISIONS UNDER ANTI DEFECTION LAW
This schedule includes some provision with regards to the Disqualification of MP’s and MLA’s on the grounds of the election:
GROUNDS FOR DISQUALIFICATION:
*If any elected member voluntarily gives up his/her membership of a political party.
*if he votes or abstains from voting, contrary to the directions provided.
*if a member who is independently elected and joins other party.
*if a nominated member joins the political party after the end of six months.
*DECISIONS ON DISQUALIFICATION ON THE GROUND OF DEFECTION is referred to speaker or the Chairman of the House.
Under the case law of Kihoto Hollohan V. Zachilhu case , Supreme court held that the decisions of speaker are subject to judicial review.
EXCEPTIONS UNDER THE ANTI DEFECTION LAW
Before the 91st amendment act of 2003, the limit was 1/3rd of the total members of the party but after that it was 2/3rd of a political party.
*when two-third of the legislators of a political party decide to merge into other party.
*person who is elected as a chairman or speaker can resign from his party and then again he can rejoin the party.
DRAWBACKS AND LOOPHOLES OF THE ANTI DEFECTION LAW
The object of this law was to bring down the political instability and political defection but due to increase in the political corruption and dishonesty this law has never emerged out properly.
*A member may be suspended by the political party for violation of the discipline of the party but that suspended member is not disqualified from the membership of the house.
* The presiding officer can take up a defection case only when he/she receives a complaint from a member of the house. The vesting decision making authority in the presiding officer is criticized on the grounds that he/she may not exercise this authority in an impartial and objective manner due to political exigencies.
*It interferes with the member’s freedom of speech and expression restraining dissent against political parties .
MADHAYA PARDESH POLITICAL CRISES 2020
The legislative assembly of Madhya Pradesh is Unicameral Legislature Assembly which means it only has one chamber i.e. Vidhan Sabha.
On March 10, Former Union Minister Jyotiradjtya scindia resigned from the congress Government in Madhya Pradesh along with him twenty-two MLA’s of the congress party also left the party and this what lead to a political crisis in Madhya Pradesh and this leads to the result that congress party does not have majority in Madhya Pradesh Legislative Assembly. For this Lalji Tandon the governor of the state has issued the order to Chief Minister of the State – Kamal Nath to hold the floor test in the assembly. And outcome for the whole was there was the fall of the Kamal Nath Government and Formation of National Alliance Government .
Conclusion
The introduction to Tenth Schedule in the Indian Constitution was aimed at curbing political instability though the law has succeeded but it has some loopholes and drawbacks which do not make complete success of the law. This law has its own merits and demerits and it is upon us how we interpret this law and helps in proper functioning of the democracy.
According to me,
This law has provided stability to the government from defection and moreover this law ensures that the elected person supports the party and remain loyal to the party. It promotes discipline within the party to ensure proper functioning.
