ANTI DEFECTION LAWS: THE LEGAL PROVISIONS AND IT’S POLITICAL IMPACT IN OUR COUNTRY

  

Author- Roshni Dutta (LJD LAW COLLEGE- FALTA UNDER CALCUTTA UNIVERSITY)

INTRODUCTION:

The Anti defection law which was actually introduced in India to address the issue of Political instability which happened because of the Elected legislators switching the parties mainly due to the personal gain or new opportunity.  The Anti defection law tries to ensure political stability and tries to ensure the integrity of the electoral mandate by not encouraging such parties.

THE TIME WHEN IT STARTED TO HAPPEN:

The incident of defection started to happen during the 1960s and 1970s in Indian politics which led to frequent changes in government and caused political instability. As this was causing a problem, the 52nd amendment of 1985 was passed which introduced the 10th schedule in our Indian Constitution which is popularly known as the Anti Defection law. 

THE PROVISIONS OF THE ANTI DEFECTION LAWS:

The Anti defection Laws laid down the grounds for the disqualification of the members of parliament (MPs) and members of legislative assemblies (MLAs). The provisions include:

1. If an elected member of parliament voluntarily gives up his/ her membership of the parliament of their political party.
2. If they vote or abstain from voting contrary to the directives of their party without prior permission. 

Exceptions are to be noted:

1. A member shall not be disqualified if his/ her party merges with an other party and they along with other members agree to merger.
2. If a member is a speaker or a chairman he/ she can resign from their party without getting disqualified and they can rejoin once they demit office.
3. The speaker of the Loksabha or the chairman of the  Rajyasabha or the respected presiding officers of the state legislators only have the authority to decide on the questions of disqualification. 

THE IMPACT AND CRITICISM OF THE ANTI DEFECTION LAWS ARE STATED HEREUNDER:

The Anti defection law is obviously important or significant as it helped to reduce the political instability or reduced the frequency of defection. These laws made sure greater political stability but advantages and disadvantages both are there so it also faced several criticisms. 

1. Curtailment of Freedom of Speech: 

The Anti defection Laws restrict the voters from voting as per their conscience so some people argue that  it is against the democratic principle of freedom of speech. It actually binds them to party directives but after all against the freedom of speech.

2. Role of the presiding officers in this:

The presiding officers who are actually party members, the decision making responsibility is vested in them . It actually raises the question of partiality  and political gain for them.

3. Judicial delays:

This is often seen that the cases of disqualification includes long and lengthy legal battles which delays the decision making process  pretty much and it allows defectors to retain in their seat interim.

But in recent years, there have been calls for reformation process of anti defection law because there are shortcomings. Proposals included

Transfer the role of the presiding of the presiding officers: 

1.As the presiding officers are the party members themselves there is a high chance for political partiality so shifting the authority to decide on disqualification from the presiding officers to an independent tribunal or the election commission to ensure impartiality. 

2.Clarification of the legal ambiguity:

Amending the law so that the terms such as “ voluntarily give up” so that the meaning can be clearly understood to avoid further misuse or wrong interpretation. 

3.Time- bound decision making:

As the Judicial delays happen , there is a need to introduce a fixed time to deal with the Anti defection cases to prevent unnecessary delays . 

EXAMPLE OF CASE LAWS:

1. RAVI S NAIK VS UNION OF INDIA(1994):  Ravi S naik an MLA OF Goa who allegedly violated party directives. Supreme Court emphasized the phrase “ voluntarily gives up his membership” under tenth schedule. 
2. Rajendra Singh Rana vs. Swami Prasad Maurya 2007: The case involved 37 MLAs of the UP Legislative assembly defected from the Bahujan Samaj party and supported the ruling party. The court explained the need for the speaker to conduct an independent verification before accepting the claims of a split in the party.
3.  Manipur legislative assembly case(2020):  This case involved the delay of the speaker in deciding the disqualification petitions against certain MLAs. The Supreme Court of India ruled that Speakers have to decide disqualification Petitions within a reasonable time period specifically within three months. 

FAQ:

1. What is the Anti defection law?

Ans: The Anti defection Laws aims to prevent to prevent elected legislators switching parties for personal gain. As per this law the  MPs and MLAs shall be given punishment by disqualifying them if they defect from their parties.

2. When was the Anti defection law enacted?

Ans: The Anti defection Law was enacted through the 52nd Amendment act of 1985.

3. State the provisions of the Anti defection law.

Ans: Disqualification of the party members if they voluntarily give up their party membership without any valid reason or if for their personal gain, disqualification  if they work against party directives, the speaker or the chairman has the authority to decide on the disqualification matter and he/ she has to do it within reasonable time period. 

4. State several case laws related to the Anti defection law.

Ans: Ravi S Naik vs UNION OF India 1994, Rajendra Singh Rana vs Swami Prasad Maurya 2007, Manipur legislative assembly case 2020 etc

5. Is the decision of the chairman or the speaker regarding disqualification final?

Ans: No It is not final. It depends on the Judicial review. 

6. How does the Anti defection law effect political stability?

Ans: The Anti defection law ensures political stability by stopping the continuous defection of the party members so that the Elected governments can work more effectively. 

CONCLUSION: 

 There is a need to check the implementation. Whether people are obeying the laws properly or not. Ongoing discussions are going on to improve this matter and potential reforms are made which seek to balance the law’s objectives.