reforms in anti-defection law
anti-defection law has played a crucial role in political stability, but there are gaps which need to be addressed to make it more effective and impartial
anti-defection law in India
Antidefection law
maintain the stability of governments and integrity of democratic institutions
a crucial instrument designed to maintain the stability of governments and uphold the integrity of democratic institutions, has been a subject of much debate since its inception.
Introduced in 1985
the law sought to address the rampant party-switching by legislators, which frequently led to political instability.
Historical genesis of the law
1 dating back to the post-Independence era
In the first few decades following Independence, India experienced a significant number of defections, which often resulted in the destabilisation of governments.
2 what was the result
This trend not only undermined the mandate of the electorate but also raised serious ethical questions about the conduct of elected representatives.
why Legislators would switch parties ?
for financial gains or ministerial positions, leading to the fall of governments and the formation of new ones without fresh elections.
“Aaya Ram, Gaya Ram”
This was colloquially referred to as “Aaya Ram, Gaya Ram”, a phrase that originated from an incident in Haryana in the 1960s, where a legislator, Gaya Lal, switched parties multiple times in a single day. .
anti-defection law through the 52nd Amendment
Indian Parliament enacted the anti-defection law through the 52nd Amendment to the Constitution, introducing the Tenth Schedule during Rajiv Gandhi’s tenure as Prime Minister.
This law laid down the grounds for disqualification of Members of Parliament and State legislatures on the basis of defection.
A member could be disqualified
if they
- voluntarily gave up the membership of their political party or
- disobeyed the party whip in key votes such as confidence motions or Budget approvals.
law still had loopholes
one-third or mass defection is allowed
it allowed a split in a party if at least one-third of the members defected, which often led to mass defections.
The 91st Amendment in 2003
addressed this issue by requiring that at least two-thirds of the members of a party must agree for a “merger” to avoid disqualification.
This made it more challenging for small-scale defections to occur and reduced the incidence of such political manoeuvring.
inordinate delay in deciding defection cases
In some instances, Speakers have taken several months, or even years, to render a decision. This delay allows defectors to continue holding their positions
. The discretionary power vested in the Speaker or Chairperson, without any stipulated time frame for decision-making
Another issue is the lack of transparency
in the issuance and communication of party whips. Whips are essential instruments used by political parties to ensure discipline among their members, especially on crucial votes.
However, the internal nature of these directives has led to disputes over whether members were adequately informed about the party’s stance, making it difficult to determine the legitimacy of defection cases.
decisions of the Speaker or Chairperson are subject to judicial review
the courts have generally been reluctant to intervene in defection case
Proposed amendments
two key amendments are proposed
- The second is on public notice of party whips.
- The first concerns the time frame for decisions on defection cases.
The first concerns the time frame for decisions on defection cases
The absence of a fixed timeline for the Speaker
or Chairperson to decide on defection cases has resulted in delays and potential misuse of discretionary power, undermining the law’s intent.
a four-week time frame
should be established for resolving defection cases. If a decision is not reached within this period, the defecting members should be deemed to be disqualified from their positions.
The second is on public notice of party whips
The current lack of transparency in issuing party whips often leads to disputes over whether members were adequately informed.
To resolve this, political parties should be provided with a framework of the service of the whip in the form of a newspaper publication or through electronic communication.
In Keisham Meghachandra Singh vs The Hon’ble Speaker Manipur Legislative Assembly and Ors. (2020)
the Supreme Court of India recommended replacing the Speaker’s role in anti-defection cases with an independent tribunal or a body appointed by the Election Commission of India.
importance of the Speaker or Chairperson’s office
this cannot be underestimated, as they are crucial in
- upholding parliamentary integrity
- and ensuring impartiality.
suggestions made by varius report
the Dinesh Goswami committee report (1990), the Hashim Abdul Halim committee report (1994), the 170th report of the Law Commission of India (1999), the Report of the National Commission to review the working of the Constitution of India (2002), the Hashim Abdul Halim committee report (2003) and the 255th report of the Law Commission of India (2015) for strengthening of the anti-defection law.
Need for political will
The anti-defection law has, historically, played a crucial role in preventing instability caused by defections and maintaining the sanctity of the electoral mandate.
However, its implementation has revealed certain gaps and challenges that need to be addressed to make the law more effective and impartial.
The amendments to the Tenth Schedule of the Indian Constitution should be prioritised to facilitate the effective implementation of the Union Government’s “One Nation, One Election” initiative.
Narendra Modi, the Leader of the House in the Lok Sabha, and Rahul Gandhi, the Leader of the Opposition, should take up the issue and ensure that the amendments are made to strengthen Indian democracy.
In doing so, the law would continue to uphold the stability and the integrity of India’s parliamentary democracy, adapting to the evolving political landscape with greater efficacy and fairness.
source the hindu
Comments
Post a Comment