Strengthening India’s Anti-Defection Law For India’s Present Political Instability

Tejash Kumar, Symbiosis Law School, Noida

ABSTRACT

India is a democratic country where elections are fought between political parties and people vote according to parties’ manifesto and agenda. Our country also has a long history of defection where the elected member switches his or her party after winning the election which increases the alienation of the general public from the electoral process. The Anti Defection law was enacted to curb the evil of defection in the Parliament and state legislature. However, in the past decades it has been the centre of debate between critics mainly because of the biases of speaker. The law gives speaker a vast amount of power. He has the power to pass the decision on the matter of defection and his decision cannot be considered under judicial review by the court except when the decision has been passed violates the principle of natural justice, is of malafide nature or goes against constitutional mandate. Thus, a member cannot seek relief from the court in normal circumstances if defected. The paper explores how the goals of the Anti-Defection Law are affected in practice by the existing judicial procedure and also determines the alternative approaches which can smooth the process of Anti-Defection Law and help bring back public trust in the electoral process. The recent trends in the Anti-defection law along with the side comparison with other countries like the United Kingdom, Australia, Bangladesh, and Sri Lanka with their Anti-defection law highlighting the alternate approach to the current process. The paper also examines the Supreme Court’s reading to the tenth schedule and how it is affecting the Anti-Defection Law in practice, like timely decisions of the speaker and recognizing the right to give up the membership of the party with their own will. The paper also explores the practical implication of the Anti-Defection law and how the members use the loopholes of the “split and mergers”. Recent political controversy in Maharashtra and the Supreme Court’s stand on this matter is also discussed. This paper aims to talk about the protection that the Anti-Defection Law provides with its prominent deficiencies so that a balanced approach can be taken to make the law more effective and protect the rights of the people and the democracy of the country.

Keywords: Anti-Defection law, Tenth Schedule, Speaker, Judicial Review, Disqualification.