It is time to strengthen the anti-defection law | Opinion
4 years, 5 months ago

It is time to strengthen the anti-defection law | Opinion

Hindustan Times  

The pell-mell in the Congress’ legislative arm in Rajasthan has again brought into focus the vulnerabilities of the anti-defection law. The anti-defection law, as it exists today, permits legislators with two-third strength of their legislature party to break free without losing memberships. It’s this leeway that’s exploited to alter the House arithmetic by balkanising smaller political outfits As opposed to copybook defections — which are punishable with the loss of House membership — desertions have become the norm. The Constitution’s 10th Schedule says: “.the merger of the original political party of a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger.” The Schedule’s Para 4 relating to exemption from disqualification only mentions the legislative wing, not the party organisation as a whole. In Rajasthan, the Bahujan Samaj Party has challenged in the high court the “merger” with the Congress of its six legislators constituting more than two-thirds of the party’s strength in the House.

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History of this topic

The long road to reforming India’s political party system
10 months ago

The long road to reforming India’s political party system

The Hindu  

With the general election 2024 inching closer, the spate of political defections across the country is no cause for surprise. Under the anti-defection law, a faction that splits from its original party cannot claim exemption from disqualification on its own, given that the “split” exception was deleted from the Tenth Schedule in 2003. The issue of inner-party democracy Undeniably, this …

Anti Defection Law | Bombay HC Seeks Attorney General's Reply On PIL Against Disqualification Protection To MP/MLAs In Event Of Political Parties Merger
1 year ago

Anti Defection Law | Bombay HC Seeks Attorney General's Reply On PIL Against Disqualification Protection To MP/MLAs In Event Of Political Parties Merger

Live Law  

The Bombay High Court on Wednesday issued notice to the Attorney General of India PIL challenging the exception from disqualification granted to MPs and MLAs under the anti-defection law in the event of their political party merging with another. The PIL challenges the exception to legislators from “disqualification on ground of defection” in case of merger of political parties. The …

The anti-defection law is failing in its purpose
1 year, 7 months ago

The anti-defection law is failing in its purpose

Hindustan Times  

In 1985, Parliament amended the Constitution in an apparent move to safeguard our democracy. The apex court, in its verdict, empowered the speaker to determine the real political party under the anti-defection law. More recently, in 2020, a two-judge bench of the apex court ruled, “Parliament may seriously consider amending the Constitution to substitute the speaker of the Lok Sabha …

The anti-defection law is facing convulsions
1 year, 10 months ago

The anti-defection law is facing convulsions

The Hindu  

After long years of legislative meanderings, Parliament enacted the anti-defection law in 1985 to curb political defection. That this objective is the principal focus of the anti-defection law is clear from two provisions enacted in the 10th Schedule, namely the provision of a split in a political party and that of a merger of two political parties. The point to …

Does the anti-defection law need changes? | The Hindu Parley podcast
1 year, 10 months ago

Does the anti-defection law need changes? | The Hindu Parley podcast

The Hindu  

On February 17, the Election Commission of India allotted the name ‘Shiv Sena’ and the party’s Bow and Arrow symbol to Maharashtra Chief Minister Eknath Shinde’s faction, in effect recognising it as the original party founded by Balasaheb Thackeray. The political crisis in Maharashtra began last year after a group of 40 of the 55 Sena MLAs walked out of …

No Need to Amend Anti-defection Law as of Now, Kiren Rijiju tells Rajya Sabha
2 years, 5 months ago

No Need to Amend Anti-defection Law as of Now, Kiren Rijiju tells Rajya Sabha

News 18  

The provisions of the anti-defection law have stood the test of time and several judicial scrutinies and thus there is no need to amend it as of now, Law Minister Kiren Rijiju informed Rajya Sabha on Thursday. Responding to a question on whether the anti-defection law in its present form is adequate to stop induced defections, the minister in a …

Do not weaken the anti-defection law
2 years, 6 months ago

Do not weaken the anti-defection law

The Hindu  

The political developments in Maharashtra throw up troubling questions about how the political class is emasculating the anti-defection law which was described by the Supreme Court of India as “constitutional correctives against a legislatively perceived political evil of unprincipled defections induced by the lure of office and monitory inducements”. The second exception was ‘merger’ which can be invoked when the …

What is an anti-defection law?
2 years, 6 months ago

What is an anti-defection law?

Business Standard  

Defection in politics predates Gaya Lal -- the Haryana MLA who switched party thrice in a day in 1967. About 18 years later, In 1985, in a bid to curb defection, the then Rajiv Gandhi government had brought the anti-defection law through the 52nd Amendment Act of 1985. An anti-defection law calls for disqualification of elected representatives if they switch …

The absurdity of the anti-defection law
3 years, 10 months ago

The absurdity of the anti-defection law

The Hindu  

The events in Puducherry highlight, yet again, the absurdity of the anti-defection law. The anti-defection law was included in the Constitution as the Tenth Schedule in 1985 to combat the “evil of political defections”. The law stated that any Member of Parliament or that of a State legislature would be disqualified from their office if they voted on any motion …

Rajasthan developments: Getting ahead of constitutional practices
4 years, 5 months ago

Rajasthan developments: Getting ahead of constitutional practices

The Hindu  

The Rajasthan High Court’s order of July 24 staying the anti-defection proceedings initiated by the Assembly Speaker against the rebel Congress legislators raises important constitutional issues. Editorial | A Governor’s test: On convening Rajasthan Assembly In Kihoto Hollohan v. Zachillhu, while barring any interlocutory intervention by the court in the Tenth Schedule proceedings, the Supreme Court held that a challenge …

'Anti-Defection Law: Need For Reforms And A Better Interpretation Of Law To Serve The Objectives
4 years, 5 months ago

'Anti-Defection Law: Need For Reforms And A Better Interpretation Of Law To Serve The Objectives

Live Law  

The strength of Indian Parliamentary Democracy lies in its people's commitment towards being active participants in the electoral foray by utilizing their right to universal adult sufferage for Legislative Assemblies and Parliament, every five years. But in Jammu and Kashmir, there was a provision under the Jammu and Kashmir Representation of the People Act, 1957 in section 24G that "any …

The anti-defection law has failed. It is time to scrap it | Opinion
4 years, 5 months ago

The anti-defection law has failed. It is time to scrap it | Opinion

Hindustan Times  

Law cannot change the nature of politics. The law punishes Members of Parliament /Members of Legislative Assembly for defecting from their party by taking away their membership of the legislature. But it has been successful in severely damaging the legislative framework of our country, with a chilling effect on deliberations in the House Under the law, defection can take place …

The Tenth Schedule In Rajasthan : Dissidence To Defection - The Dynamics Of Power
4 years, 5 months ago

The Tenth Schedule In Rajasthan : Dissidence To Defection - The Dynamics Of Power

Live Law  

Pilots episode of Rajasthan power politics raised the issue of freedom of speech verses restrictions on defection. Two parts of defection Political Defection has two parts – first is abandonment of loyalty towards one's own political party. In law, the debate, dissent and to differ from the opinion of majority is part of freedom of speech and expression generally and …

‘Judicial review can’t be available prior to Speaker’s decision’
4 years, 5 months ago

‘Judicial review can’t be available prior to Speaker’s decision’

The Hindu  

Constitutional courts cannot judicially review disqualification proceedings under the Tenth Schedule of the Constitution until the Speaker or Chairman makes a final decision on merits. A 28-year-old judgment of the Supreme Court in the Kihoto Hollohan versus Zachillu and Others has said that “judicial review cannot be available at a stage prior to the making of a decision by the …

Rajasthan CM Likely To Retain Government: In Ashok GehlotVs Sachin Pilot, BJP is a Winner in All Scenarios
4 years, 5 months ago

Rajasthan CM Likely To Retain Government: In Ashok GehlotVs Sachin Pilot, BJP is a Winner in All Scenarios

The Quint  

Before using labels like political opportunism one must recognise that they have not been lured by the ideological pull of the BJP. Defection should be seen as an instrument of last resort wielded chiefly to teach a lesson to the Congress leadership and to spite their political rivals in the party. As Jyotiraditya Scindia’s hyperbolic statement “Tiger abhi zinda hai …

When defection is a mere detour for an MLA
5 years ago

When defection is a mere detour for an MLA

The Hindu  

They defected, re-contested, and became members again, all in six months. The recurrence of this evil phenomenon led to the 1985 Anti-Defection Law, which defined three grounds of disqualification of MLAs — giving up party membership; going against party whip; and abstaining from voting. While the SC upheld the Speaker’s discretionary power, it underscored that the Speaker functioned as a …

Political 'Turncoats' & Mockery Of The Democratic Ethos: An Analysis Of The Anti Defection Law & The Way Ahead
5 years, 5 months ago

Political 'Turncoats' & Mockery Of The Democratic Ethos: An Analysis Of The Anti Defection Law & The Way Ahead

Live Law  

Political defections are not new to Indian democracy. However, when even this provision in the law did not stop large scale defections, another amendment provided that a member so disqualified could not become a minister unless first re-elected, thus dissuading defections for the sole purpose of immediate ministerial berth in a rival government Thus, at present, the 10th Schedule of …

Karnataka-esque political catastrophes might be an exception if a strong anti-defection law is brought in soon
5 years, 5 months ago

Karnataka-esque political catastrophes might be an exception if a strong anti-defection law is brought in soon

Firstpost  

The seeds of the anti-defection law were sown much earlier — after the general elections in 1967. Despite repeated denials by the Bharatiya Janata Party against allegations of ‘MLA poaching’ by the Congress-JD alliance, the whole political drama that lasted over two weeks and saw several MLAs being holed-up in five-star resorts only depicted a sorry picture of democracy and …

Karnataka crisis: Does the anti-defection law serve any purpose?
5 years, 5 months ago

Karnataka crisis: Does the anti-defection law serve any purpose?

The Hindu  

The Supreme Court has held that it is the Speaker’s discretion to decide on the resignations of the 15 dissident MLAs belonging to the Congress-Janata Dal coalition government of Karnataka as and when he considers appropriate. Edited excerpts: Mr. Achary, the Supreme Court ruled on the Karnataka incidents saying that the Speaker has the complete discretion to decide upon the …

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