| Introduction: Give a brief context to the question Body: Highlight the need for legal reforms and measures to reform defection law Conclusion: Way forward |
In India, political defection has long been a controversial topic that threatens the integrity and stability of democratic institutions. Legislators’ habit of switching parties for partisanship or personal benefit has a big impact on how well democracies work.
Need for legal reforms to address the issue
- Representative democracy: The representational democracy premise is compromised by political defections. As a result, the relationship between voters and their elected representatives is weakened and the election process loses legitimacy.
- Political instability: Political instability can result from defections because they can upset the balance of power in legislatures. This not only interferes with the government but also takes focus and funds away from dealing with the nation’s most urgent problems.
- Opportunistic Politics: A culture of opportunism and horse-trading, when lawmakers are encouraged to transfer parties in exchange for financial or political benefits, is fostered by political defections. The democratic principles of responsibility, openness, and ideological consistency in government are compromised by this.
Measures to prevent defections
- Time-bound decision: Endless delays by the Speaker have led the Supreme Court to declare in its Manipur judgment that three months is the ideal time limit for Speakers to decide disqualification petitions.
- Internal party democracy: Promoting internal party democracy and accountability mechanisms within political parties to address grievances and prevent the marginalization of dissenting voices, which often leads to defections.
- Strengthening institutions: Building robust and independent institutions, such as the Election Commission and judiciary, to oversee electoral processes and adjudicate disputes related to defections impartially.
- Anti-defection laws: Strengthening and strictly enforcing anti-defection laws to disqualify legislators who defect from their original parties. These laws should include provisions for disqualification not only from membership but also from holding public office for a certain period.
- Reports of different committees: Various commissions, including the National Commission to Review the Working of the Constitution (NCRWC), have recommended that the decision to disqualify a member should rest with the President (for MPs) or the Governor (for MLAs), acting on the advice of the Election Commission.
Conclusion
Advocating for a direct approach to address political defections, several proposals suggest abolishing the 10th Schedule and enacting a law mandating resignations and re-elections for party-switching legislators. It also proposes barring such individuals from holding ministerial positions without re-election. Additionally, it advocates for selecting Speakers before elections through a consensus among parties to enhance their credibility and independence.
