26 October 2024 : The Hindu Editorial Analysis

1. Sharpen the anti-defection law, strengthen democracy

(Source – The Hindu, International Edition – Page No. – 6)

Topic: GS2 – Indian Polity

Context

The anti-defection law in India, introduced in 1985, aims to stabilise governments by restricting legislators from defecting to other parties. While effective to some extent, the law faces criticism due to delays and discretionary power in decision-making.Proposed reforms suggest setting time limits and enhancing transparency in defection cases.

Introduction and Purpose of Anti-Defection Law

• The anti-defection law, introduced in 1985, aims to curb frequent party-switching by legislators, which previously led to political instability in India.
• This law was established to stabilise governments and maintain the integrity of democratic institutions by holding elected representatives accountable to their political parties.

Historical Background and Need for the Law

• Defections in Indian politics date back to the post-Independence era, often leading to the destabilisation of governments and undermining voters’ mandates.
• An incident in Haryana during the 1960s, where a legislator switched parties multiple times in one day, highlighted the need for such a law. Known as “Aaya Ram, Gaya Ram,” it underscored the ethical issues arising from party-switching for personal gains.
• To address this, the Indian Parliament enacted the anti-defection law through the 52nd Amendment, adding the Tenth Schedule to the Constitution, aimed at ensuring party loyalty.

Provisions and Amendments in the Law

• The law disqualifies MPs and MLAs for voluntarily giving up party membership or disobeying the party whip on crucial votes.
• Initially, a split was allowed if one-third of a party’s members defected, leading to frequent defections.
• The 91st Amendment (2003) revised this, requiring at least two-thirds of party members for a valid “merger,” reducing mass defections and reinforcing party loyalty.

Challenges and Criticism

• Delay in Decision-Making: The Speaker’s discretionary power to decide on defection cases often leads to significant delays, sometimes taking months or even years, which allows defectors to retain their positions.
• Transparency of Party Whips: Internal party directives, or whips, are often disputed due to unclear communication, affecting the legitimacy of defection cases.
• Judicial Limitations: While courts can review Speaker decisions, they are generally reluctant to intervene in legislative autonomy, limiting timely resolutions and allowing potential misuse of power.

Proposed Amendments for Effective Implementation

• Fixed Time Frame: To prevent delays, it is suggested that defection cases should be resolved within four weeks. If unresolved, defecting members would be disqualified automatically, promoting timely and unbiased decision-making.
• Transparency of Whips: Whips should be publicly communicated, possibly via newspapers or electronic means, to ensure members are adequately informed and accountability is maintained.

Role of Speaker and Recommendations by Judiciary

• The Supreme Court, in Keisham Meghachandra Singh vs The Hon’ble Speaker Manipur Legislative Assembly (2020), recommended transferring the Speaker’s role in anti-defection cases to an independent tribunal.
• However, retaining the Speaker’s role with strengthened accountability and transparency could preserve legislative integrity.

Other Committee Recommendations

• Reports by the Dinesh Goswami Committee (1990), Hashim Abdul Halim Committee (1994, 2003), and Law Commission of India (1999, 2015) have suggested reforms to make the law more effective and relevant.

Need for Political Will

• The anti-defection law has curbed defections but requires further reforms to address emerging challenges.
• Strengthening this law would contribute to the effective implementation of “One Nation, One Election,” ensuring party loyalty while preserving India’s parliamentary democracy and the voters’ mandate.

Anti-Defection Law

Introduction The anti-defection law is part of the Indian Constitution’s Tenth Schedule, introduced through the 52nd Amendment Act of 1985.It aims to prevent elected representatives from defecting to other political parties, thus maintaining government stability. Objective Designed to curb political instability caused by frequent party-switching.Responded to the toppling of multiple state governments in the 1960s and 1970s. Provisions of the Law Disqualification of MPs/MLAs: Members can be disqualified if they defect by leaving their party or joining another party. Merger Exception: Initially, a defection of one-third of party members was considered a valid “merger.” The 91st Amendment Act of 2003 increased this threshold to two-thirds. Scope of Disqualification : Members who voluntarily give up party membership. Members who vote against party directives without prior permission. Independent Members joining a political party after the election. Nominated Members joining a political party six months after nomination. Authority on Disqualification The Speaker or Chairman of the respective House decides on disqualification cases. These decisions are subject to judicial review, although the law does not specify a timeframe for resolving cases.

PYQ: Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? (UPSC CSE 2014) (a) Second Schedule (b) Fifth Schedule (c) Eighth Schedule (d) Tenth Schedule Ans: Option D

Practice Question:  Discuss the effectiveness of the anti-defection law in maintaining political stability in India. Highlight the challenges in its implementation and suggest reforms to strengthen its impartiality and efficiency. (250 Words /15 marks)