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In Defence of Political Integrity: The Imperative of Anti-Defection Laws

Introduction

As the fundamental component of public engagement, representation, and governance, elections serve as the cornerstone of democratic societies. Fundamentally, elections are a way for people to voice their opinions and make decisions that shape the makeup of their governing bodies. This procedure creates a connection between the governed and the government, reflecting the core idea that political power comes from the people. Voting is one way that citizens actively participate in the process of developing policies and choosing representatives to represent their interests. A government is legitimate if the people agree to it, and elections are the way that people can agree. A government is seen as more legitimate and responsible when its leaders are chosen through a fair and open electoral process. This legitimacy strengthens the social contract that is the basis of democratic societies by promoting political stability and a feeling of trust between the people and the government.

India’s political environment is a colourful tapestry reflecting the nation’s heterogeneous identity, weaved from a multiplicity of languages, cultures, and customs. In Indian politics, there is a multi-party system and a wide range of political beliefs from the left to the right. With no single party frequently obtaining a sizable majority, coalition politics have become a normal occurrence in recent times such as the case of Andhra Pradesh where Telugu Desam Party and Janasena formed an alliance.

Defection

The term defection indicates revolt, dissent, and rebellion by a person or a party. In political scenario it is a situation when a member of a political party leaves his party and joins hands with other parties.[1] It is also known as “floor-crossing” or “party hopping,” where elected officials switch parties after winning office. Defection can occur for a variety of reasons, such as for the pursuit of personal goals, ideological disagreements, discontent with the direction of the party, or the allure of political benefits provided by a competing organisation. They also are frequently caused by power disputes inside political parties as well as a desire for ministerial positions or other benefits.

Party platforms and voter pledges are the foundation upon which elections are founded. Defections by elected officials may result in a discrepancy between the declared will of the people and the representatives’ actions which calls into question the idea of representative democracy, which holds that representatives should uphold the will of the people. As ideologies of two political parties usually differ and people vote to the political party whose ideology is in conformity with theirs. And if politicians keep changing their political party, voters may get confused and this will also result in loss of trust by people. For instance, in recent elections in Telangana, All India Majlis-e-Ittehadul Muslimeen Hyderabad MP Asaduddin Owaisi’s party  and the Congress exchanged sharp words throughout the campaign and the Congress won the state in firm opposition to the party and if the politicians of either party shift it results in confusion among the public regarding their standing.[2] Out of roughly 542 cases in the entire two-decade period between the First and the Fourth General Elections, at least 438 defections occurred in these 12 months alone. Among Independents, 157 out of a total of 376 elected, joined various parties in this period.[3]

Governments will become unstable and an atmosphere of uncertainty will be created by defection. Defections have the potential to result in the loss of the majority in the legislature, which is necessary for the stability of the government under parliamentary systems. This might then lead to the government’s collapse, which would call for the creation of a new coalition or possibly call for new elections. Political coalitions that are frequently rearranged can make governance more difficult and policy implementation more problematic.

Anti-Defection Law

The practice of defection in Indian politics has often tend to shift the focus from governance to governments. The infamous “Aaya Ram, Gaya Ram” slogan was coined against the background of continuous defections by the legislators in the 1960s.[4]  This is when the legislative measure such as Anti-Defection Law was very much needed to curb the disease of defection which further leads to disruption in government stability.

It was first introduced by a private member’s resolution moved in the Fourth Lok Sabha on 11 August 1967 by Shri P. Venkatasubbaiah. In consonance with the opinion expressed in the resolution, a Committee on Defections, was set up by the Government under the chairmanship of the then Union Home Minister, Shri Y.B. Chavan which submitted its report on 18 February 1969. After failure of two attempts made in 1973 and 1988, finally the government introduced the Constitution (Fifty-second Amendment) Bill in the Lok Sabha on 24 January 1985 which led to amendment in Article 101, 102, 190 and 191 of the Constitution providing the grounds for vacation of seats for the disqualification of the members; and also inserted Tenth Schedule.[5]

In total there are 8 paragraphs in tenth schedule, Para 2 provides for the grounds of defection of elected members affiliated to any political party, independent elected member of the house and nominated member of the house. An elected member of the house shall be disqualified, if he voluntarily joins any party other than his own or votes contrary to any direction issued by his political party except in cases where he has taken prior permission from the party. An independent member shall be disqualified if he joins any political party after being elected to the house. A nominated member of the house shall be disqualified if he joins any political party after the expiry of six months from the date of taking oath to the house. Para 4 and Para 5 of 10^th Schedule includes exemptions. Para 4 provides for non-application of disqualification in case of merger provided that 2/3rd of member of the party concerned agreed to merge with such merger or have not accepted the merger and opted to function as a separate group.[6]

Conclusion

Defection by politicians is resulting in political imbalance and instability in the government and further in governance. Politicians started misusing the exemption in Para 4 which led to the loss of trust from the voters and no accountability and loyalty form the legislators side. They started leaving the their political parties in groups which either led to fall of government or formation of government by another political party or elections taking place again. The trust that the public has and bases the same to chose their political party is becoming of no use as politicians are shifting from one political party to another. The consent of people which is represented by the elections is also becoming ineffective and fruitless to the idea that political power comes from the people.

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Written by- Rupika Goundla

 References:

(No date) No. 16/ RN/ref/july/2022 july 2022 anti-defection law in India. Available at: https://loksabhadocs.nic.in/Refinput/New_Reference_Notes/English/15072022_111659_1021205175.pdf  (Accessed: 10 December 2023).   

The morning after: 15 takeaways from the four state election results (no date) The Wire. Available at: https://thewire.in/politics/the-morning-after-15-takeaways-from-the-four-state-election-results  (Accessed: 10 December 2023).

Manupatra (no date) Manupatra, Articles. Available at: https://articles.manupatra.com/article-details/Understanding-the-Anti-Defection-Law-in-India-Provisions-Significance-and-Criticisms  (Accessed: 10 December 2023).  

[1] (No date) No. 16/ RN/ref/july/2022 july 2022 anti-defection law in India. Available at: https://loksabhadocs.nic.in/Refinput/New_Reference_Notes/English/15072022_111659_1021205175.pdf  (Accessed: 10 December 2023).  

[2] The morning after: 15 takeaways from the four state election results (no date) The Wire. Available at: https://thewire.in/politics/the-morning-after-15-takeaways-from-the-four-state-election-results  (Accessed: 10 December 2023).

[3] (No date) No. 16/ RN/ref/july/2022 july 2022 anti-defection law in India. Available at: https://loksabhadocs.nic.in/Refinput/New_Reference_Notes/English/15072022_111659_1021205175.pdf  (Accessed: 10 December 2023).

[4] (No date) No. 16/ RN/ref/july/2022 july 2022 anti-defection law in India. Available at: https://loksabhadocs.nic.in/Refinput/New_Reference_Notes/English/15072022_111659_1021205175.pdf  (Accessed: 10 December 2023).

[5] (No date) No. 16/ RN/ref/july/2022 july 2022 anti-defection law in India. Available at: https://loksabhadocs.nic.in/Refinput/New_Reference_Notes/English/15072022_111659_1021205175.pdf  (Accessed: 10 December 2023).

[6] Manupatra (no date) Manupatra, Articles. Available at: https://articles.manupatra.com/article-details/Understanding-the-Anti-Defection-Law-in-India-Provisions-Significance-and-Criticisms  (Accessed: 10 December 2023).