Anti-defection law needs drastic changes, Pg10

Key Highlights:

• The anti-defection law, enshrined in the Tenth Schedule of the Indian Constitution, is currently under scrutiny for its ineffectiveness in curbing political opportunism.
• Introduced by the Fifty-second Constitutional Amendment in 1985, its primary objective was to prevent political instability caused by frequent defections.
• The Ninety-first Constitutional Amendment of 2003 further tightened the law, requiring a merger to be supported by at least two-thirds of a legislature party's members to avoid disqualification.
• Presiding Officers of the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and Legislative Councils are responsible for deciding disqualification petitions.
• Concerns exist regarding the impartiality of Presiding Officers and significant delays in their decisions on defection cases.

Detailed Insights:

• The law was enacted to address the "Aaya Ram Gaya Ram" phenomenon, where legislators frequently switched parties.
• The original law allowed for an exemption from disqualification if one-third of a party's members split, which was later abolished.
• The Supreme Court has repeatedly emphasized that disqualification petitions should ideally be decided within three months.
• The article suggests a fundamental change: automatic termination of an elected representative's tenure upon resignation from their original party.
• This proposed reform aims to empower the electorate to decide the fate of a defecting legislator through a fresh mandate.
• While critics argue such a provision might stifle dissent, proponents believe it would only discourage retaining office after abandoning the party platform.

Key Concepts Involved:

• Anti-defection law: Legislation designed to prevent elected representatives from switching political parties for personal or political gain.
• Tenth Schedule: A part of the Indian Constitution that outlines the provisions for disqualification of Members of Parliament and State Legislatures on grounds of defection.
• Presiding Officer: The Speaker of the Lok Sabha or State Assembly, or the Chairman of the Rajya Sabha or Legislative Council, who adjudicates defection cases.