Anti-defection law in India refers to the legislation that aims to curb the practice of politicians switching parties for personal gain, such as for the purpose of securing a ministerial position or obtaining other perks and benefits. This law applies to members of parliament (MPs) and members of state legislative assemblies (MLAs) in India.
The anti-defection law was first introduced in India in 1985, through the 52nd Amendment to the Constitution of India. This amendment added the Tenth Schedule to the Constitution, which lists out the provisions related to defection. The law was enacted with the objective of preventing the exploitation of the defectors by political parties and to ensure the stability of governments.
Under the anti-defection law, a member of parliament or state legislative assembly is deemed to have defected if they voluntarily give up their membership of the party they were elected to represent, or if they vote or abstain from voting in the legislature contrary to the directions of their party. If a member is found to have defected, they may be disqualified from their seat in the legislature.
The decision to disqualify a member under the anti-defection law is taken by the Speaker of the House (in the case of MPs) or the Chairman of the Legislative Council (in the case of MLAs). The Speaker or Chairman has the discretion to decide whether or not to disqualify a member, based on the evidence presented to them.
There are certain exceptions to the anti-defection law, which are outlined in the Tenth Schedule. For example, if a member of a party splits from the party and forms a new party, or if the member joins a new party that has at least one-third of the strength of the House, they will not be disqualified. Similarly, if two-thirds of the members of a party decide to merge with another party, they will not be disqualified.
The anti-defection law has faced criticism from some quarters, who argue that it infringes on the freedom of MPs and MLAs to switch parties if they wish to do so. It has also been criticized for being used as a tool by political parties to discipline their members and prevent them from defecting.
Despite these criticisms, the anti-defection law has played a significant role in curbing the practice of defections in India and has helped to ensure the stability of governments. It has also helped to reduce the influence of money and other incentives on the decisions of politicians, and has ensured that elected representatives are accountable to the voters who elected them.
There are several merits to the anti-defection law:
1. Promotes stability of governments: The law helps to ensure the stability of governments by preventing politicians from defecting from their parties and potentially bringing down the government.
2. Reduces influence of money and other incentives: The law helps to reduce the influence of money and other incentives on the decisions of politicians, as it discourages politicians from switching parties for personal gain.
3. Increases accountability: The law promotes accountability, as it requires politicians to remain loyal to the party they were elected to represent and to the voters who elected them.
4. Prevents exploitation of defectors: The law aims to prevent the exploitation of defectors by political parties, which can often occur when politicians switch parties for personal gain.
However, the anti-defection law also has some demerits:
1. Infringes on freedom of politicians: Some argue that the law infringes on the freedom of MPs and MLAs to switch parties if they wish to do so.
2. Can be used as a tool to discipline members: The law has been criticized for being used as a tool by political parties to discipline their members and prevent them from defecting.
3. Discretion of Speaker or Chairman: The decision to disqualify a member under the law is taken by the Speaker of the House (in the case of MPs) or the Chairman of the Legislative Council (in the case of MLAs). This has led to criticism that the law gives too much discretion to these individuals and allows for subjectivity in the decision-making process.
4. Complexity of exceptions: The exceptions to the law, as outlined in the Tenth Schedule, can be complex and may not always be applied consistently.
Overall, the anti-defection law in India has both merits and demerits. While it promotes stability, accountability, and reduces the influence of money and other incentives on politicians, it also has the potential to infringe on the freedom of politicians and be used as a tool to discipline members.
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