“The Anti-Defection Law was enacted to ensure political stability, but over time it has raised serious concerns regarding legislative autonomy and democratic accountability.” Examine the working of the Anti-Defection Law in India and suggest reforms to address its shortcomings. (15M, 250 Words)

The Anti-Defection Law was inserted into the Constitution through the 52nd Constitutional Amendment Act, 1985, adding the Tenth Schedule, to curb rampant political defections that destabilised governments in the 1960s–70s.

Significance of the Anti-Defection law:

1. Political instability: Between 1967–1971, over 50% of elected legislators in some states defected at least once, leading to frequent government collapses.
2. ‘Aaya Ram–Gaya Ram’ politics: Haryana MLA Gaya Lal changed parties three times in a single day.
3. Curbing horse-trading: Defections were often driven by ministerial inducements and monetary benefits.
4. Protecting electoral mandate: Voters elect parties, not individuals acting opportunistically.
5. Strengthening executive governance: Prevents legislative sabotage of elected governments.

Key provisions of the Anti-Defection law:

1. Grounds of disqualification: Voluntarily giving up party membership and voting or abstaining against the party whip.
2. Independent members: Disqualified if they join a party post-election.
3. Nominated members: Disqualified if they join a party after six months.
4. Merger exception: Valid only if supported by two-thirds of legislators.
5. Decision-making authority: Speaker/Chairman of the House (quasi-judicial role).

Judicial Safeguards:

1. Kihoto Hollohan v. Zachillhu (1992): Upheld constitutionality of the Tenth Schedule and declared Speaker’s decision subject to judicial review.
2. Ravi S. Naik v. Union of India (1994): “Voluntarily giving up membership” includes conduct, not only resignation.
3. Keisham Meghachandra Singh v. Speaker, Manipur (2020): Directed Speakers to decide disqualification petitions within three months.

Anti-Defection Law dilutes legislative autonomy and democratic accountability:

1.    Suppression of Legislative Dissent:

• MPs/MLAs cannot vote against party lines even on policy issues.
• Reduces Parliament to a numbers game, weakening deliberation.

2.   Partisan Role of the Speaker:

• Speaker often belongs to the ruling party and delays in disqualification alter political outcomes.
• For E.g., Manipur Assembly (2017–2020) disqualification delays affected government stability.

3.   Mass Defections via Merger Clause: Two-thirds rule enables engineered bulk defections as seen in multiple state assemblies. E.g., Shiv Sena and NCP split and merger in Maharashtra.

4.   Weakening Representative Democracy: Legislators prioritise party commands over constituency interests and voters lose the benefit of independent judgment.

Way Forward:

1.    Independent Adjudication: Transfer decision-making from Speaker to Election Commission, or independent tribunal (as suggested by 2nd ARC, Law Commission).

2.   Restricting Use of Whips: Allow whips only for Confidence / no-confidence motions, Money Bills and Constitutional amendments.

3.   Time-Bound Decisions: Statutory enforcement of 3-month deadline for defection cases.

4.   Revisiting Merger Provisions: Prevent misuse of two-thirds rule for political engineering.

5.   Restoring Legislative Autonomy: Balance party discipline with freedom of speech of legislators (Articles 105 & 194) and constituency representation.

Conclusion:

As Dr. B.R. Ambedkar cautioned, constitutional morality cannot be enforced solely by law. Reforms that preserve stability while restoring legislative independence are essential for the health of India’s parliamentary democracy.

‘+1’ Value Addition:

• 91st CAA, 2003 significantly reduced incentives for defection by capping ministerial posts.
• Supreme Court observed that Speakers cannot be the “sole and final arbiters” in defection disputes.
• India’s experience shows that stability without deliberation risks executive dominance.
• In UK, USA, Canada, Australia, No anti-defection law and legislators can vote against party positions.

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