ANTI DEFECTION LAW

INTRODUCTION:-

Anti-defection legislation serves as a deterrent to people who jump from one political party to the other. It is a form of control system used to prevent members of a political party from defecting to another.

The bill was signed into law by President Ronald Reagan on February 15, 1985, and went into effect on March 18, 1985.

To accomplish this, the Indian Parliament passed the Tenth Schedule of the 52nd Amendment to the Constitution of India in 1985. In 2003, Parliament passed the Constitution of India’s Ninety-first Amendment, based on suggestions from a number of constitutional bodies. The statute was enhanced by the addition of measures disqualifying defectors and prohibiting them from being appointed as ministers for a period of time.

Anti-defection legislation

ORIGIN:-

Ram Aaya Gaya Ram became a common phrase in Indian politics after Haryana MLA Gaya Lal switched parties three times on the same day in 1967. The anti-defection statute was enacted to discourage political defections motivated by office rewards or other comparable factors. Its goal was to keep governments stable by deterring MPs from switching parties. Individual MPs/MLAs who desert from one party to another are subject to the anti-defection law. It allows a group of MPs or MLAs to join (or merge with) another political party without facing defection penalties.

ADVANTAGES:-

  • It eliminates the threat of political party members switching allegiances.
  • Ensures that elected members are loyal to their party.
  • At both the national and state levels, it ensures a stable and secure government.

EXCEPTIONS:-

  • If two-thirds of a political party’s elected members opt to merge with another, neither the members who join nor those who stay with the original party will be disqualified. 
  • Any person elected as Chairman or Speaker has the option to withdraw from his party and rejoin it if he no longer wishes to serve in that capacity.
  • Previously, it was permissible to split political parties, but this is no longer the case.
  • Nominated members who are not members of any political party have six months to join one, after which they will be considered as either a party member or an independent member.

According to the Anti-Defection Law, if a Member of Parliament or a Member of the Legislative Assembly:

  • Gives up his or her membership in the party voluntarily.
  • Votes, abstains from voting, or refuses to follow the party line.
  • Becomes a member of any other party.

The member will be kicked out of the party and will no longer be able to hold a position as a nominated or elected official. As a result, he will lose his seat as a Member of Parliament or a Member of the Legislative Assembly.

The Supreme Court clarified in Ravi S Naik vs Union of India in 1994 that the expression “voluntarily gives up membership of a political party” had broader connotations and was not synonymous with resignation.

The Supreme Court held in the Rajendra Singh Rana vs Swami Prasad Maurya case of 2007 that the Speaker fails to act under the Tenth Schedule if he fails to act on a complaint or accepts claims of splits or mergers without making a finding. He is also thought to be violating his constitutional obligations.

DECIDING AUTHORITY:-

The presiding officer of the House will determine on any question of disqualification arising from defection.

DOES THE ANTI-DEFECTION LAW AFFECT THE ABILITY OF LEGISLATORS TO MAKE DECISIONS?

The counter surrender regulation tries to give a steady government by guaranteeing the administrators don’t switch sides. In any case, this regulation likewise limits a lawmaker from casting a ballot in accordance with his still, small voice, judgment and interests of his electorate. Such a circumstance blocks the oversight capacity of the assembly over the public authority, by guaranteeing that individuals vote in view of the choices taken by the party initiative, and not what their constituents would like them to decide in favor of.

Para 7 of the Tenth Schedule puts a bar on the purview of the court in regard on preclusion of an individual from the house.

POWERS OF COURT TO SURVEY THE CHOICE OF SPEAKER:-

The Speaker isn’t actually resistant from legal survey, the invulnerability is given to the speaker by Para 6 of the 10th timetable. This was attested in Rajendra Singh Rana and Ors. versus Master Prasad Maurya and Ors. (2007).

For this situation, the speaker had not made a finding into the split and had acknowledged the parted through a case made by the individuals. The court additionally fought that overlooking a request for exclusion isn’t only an anomaly yet an infringement of protected obligations.

IS THERE A PERIOD LIMIT INSIDE WHICH THE MANAGING OFFICIAL OUGHT TO CHOOSE?

There is no time limit according to the law inside which the Directing Officials ought to settle on a supplication for preclusion. The courts additionally can intercede solely after the official has gone with a choice, thus the main choice for the applicant is to hold on until the choice is made.

WHETHER THE RIGHT TO FREEDOM OF SPEECH AND EXPRESSIONS OF THE PARLIAMENTARIANS AND LEGISLATORS IS VIOLATED BY THE TENTH SCHEDULE ?

The Constitution has allowedly ensured the right to the right to speak freely of discourse and articulation under Article 19 of the Constitution of India, but it is dependent upon the sensible limitations referenced in that.

This right is ensured to each resident including the administrators and the parliamentarians, hence, this was made a ground to scrutinize the authenticity of the Para 2 of the timetable (Justification for exclusion). It was held by the High Court in Kihoto Hollohan case, that the 10th Timetable doesn’t undermine the privileges of chosen individuals from parliament and the council and hence, it didn’t disregard Article 105 and 195 of the constitution while holding this it was communicated by the High Court that the arrangements of the 10th timetable are helpful and were expected to reinforce the texture of Indian parliament a vote based system while controlling corrupt and deceptive political abandonments.

CONCLUSION:-

The anti defection law in India, in fact the Tenth Schedule to the Indian Constitution, was established to resolve the apparent issue of precariousness brought about by justly chose officials in India’s Parliamentary System of Government moving faithfulness from the gatherings they upheld at the hour of political race, or resisting their gatherings’ choices at crucial times, for example, during deciding on a significant goal.

ENDNOTES:-

 https://www.drishtiias.com/daily-updates/daily-news-analysis/anti-defection-law-6

 https://byjus.com/free-ias-prep/anti-defection-role-of-speaker-10th-schedule-upsc-notes/

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