Issues, current challenges, and proposed amendments in the Anti-Defection law in India

Source: The post Issues, current challenges, and proposed amendments in the Anti-Defection law in India has been created, based on the article “Sharpen the anti-defection law, strengthen democracy” published in “The Hindu” on 26th October 2024

UPSC Syllabus Topic: GS paper 2- polity- Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.

Context: The article discusses India’s anti-defection law, created to prevent political instability from party-switching. It highlights the law’s challenges, including delays in cases and the Speaker’s role, and proposes timely amendments to strengthen democracy and stability.

What is the Anti-Defection law in India?

1. The anti-defection law, introduced in 1985, aims to prevent elected legislators from frequently switching political parties.
   2. The Indian Parliament added this law through the 52nd Amendment, introducing the Tenth Schedule.
   3. The law allows disqualification of members of Parliament or state legislatures if they leave their party or disobey the party whip during important votes.

For detailed information on Anti-Defection Law read this article here

How has the law changed over time?

1. Initially, the law allowed a split in a party if at least one-third of the members defected. This led to mass defections.
   2. In 2003, the 91st Amendment revised this by requiring at least two-thirds of a party’s members to defect to avoid disqualification, reducing small-scale defections.

What challenges does the law face?

1. The law has gaps, including delays in decision-making on defection cases. In some cases, Speakers took months or years to decide, which allowed defectors to remain in their positions. The Speaker’s power, without a set timeline, has raised concerns.
2. Also, the lack of transparency in party whips has led to confusion about defection cases. Although judicial review is allowed, courts avoid interfering to respect legislative autonomy.

For detailed information on Issues with the Tenth Schedule read this article here

What amendments are proposed?

1. Fixed Time Frame for Decisions: Establish a four-week limit for Speakers to decide on defection cases to prevent delays and misuse of power. This would ensure timely resolutions and reduce political bias.
2. Public Notice of Whips: Require political parties to publish whips in newspapers or through electronic media, ensuring members are properly informed and reducing disputes over party stances.
3. Committee Recommendations: Committees like the Dinesh Goswami Committee (1990) and the Law Commission of India (1999, 2015) have proposed reforms, emphasizing the need to strengthen the law’s transparency and fairness.
4. Supreme Court Suggestion: In Keisham Meghachandra Singh v. Speaker Manipur Legislative Assembly (2020), the Supreme Court recommended an independent tribunal to handle defection cases, reducing the Speaker’s potential bias.

Why is political will necessary?

1. For effective reform, leaders like Prime Minister Narendra Modi and opposition leader Rahul Gandhi must prioritize amendments to the law.
2. Strengthening this law would ensure more stability and integrity in Indian democracy, supporting initiatives like “One Nation, One Election.”

Question for practice:

Examine the challenges faced by India’s anti-defection law and the proposed amendments to address these issues.