Why in the News?
The anti-defection law in India, introduced in 1985 to combat party-switching by legislators and political instability, has been a contentious topic since its inception. Despite its effectiveness in curbing defection, it has been plagued by loopholes and implementation issues, necessitating further reforms to ensure the stability of governments and the integrity of democratic institutions.
Historical Genesis of the Anti-Defection Law in India
- Defections in India have deep roots dating back to the post-Independence era.
- Legislators often switched parties in exchange for financial gains or ministerial positions, leading to the fall of governments and the formation of new ones without fresh elections.
- This led to the need for a law to curb this practice.
The Anti-Defection Law
- The Indian Parliament enacted the anti-defection law through the 52nd Amendment to the Constitution.
- The law laid down the grounds for disqualification of Members of Parliament and State legislatures on the basis of defection.
- The law aimed to provide stability to governments and ensure elected representatives remained loyal to the party’s mandate.
Challenges and Challenges
- The law has faced criticism and challenges in its implementation.
- The inordinate delay in deciding defection cases allows defectors to continue holding their positions, subverting the law’s purpose.
- The lack of transparency in the issuance and communication of party whips has led to disputes over whether members were adequately informed about the party’s stance.
Proposed Amendments
- A four-week time frame for resolving defection cases and a framework of the service of party whips should be established.
- The government should explore various suggestions made by 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 the anti-defection law.
Need for Political Will
- The amendments to the Tenth Schedule of the Indian Constitution should be prioritized to facilitate the effective implementation of the Union Government’s “One Nation, One Election” initiative.
- The amendments would ensure that elected representatives adhere to the principles of party loyalty and discipline while protecting the democratic mandate of the electorate.