It's time to reimagine the anti-defection law, Pg11
Expert urges reimagining or abolishing the anti-defection law, citing its failure to curb defections and stifling intra-party democracy after four decades.
The Tenth Schedule was added to the Indian Constitution in 1985 by the 52nd Amendment to curb political defections.
It disqualifies legislators who defect from their party or defy its whip, with an exception for party mergers.
The 91st Amendment in 2003 removed the exemption for splits, requiring two-thirds of members for a merger to avoid disqualification.
The Supreme Court upheld the validity of the Tenth Schedule in the Kihoto Hollohan case, prioritizing party discipline.
Despite the law, defections persist through tactics like "split-and-merger," often undermining electoral mandates.
The article suggests a re-appraisal or complete abolition of the law due to its unintended consequences, such as stifling intra-party democracy.
10th Schedule.png
Detailed Insights:
The Tenth Schedule was introduced to address the "Aaya Rams, Gaya Rams" phenomenon, where frequent party switching led to governmental instability.
The Kihoto Hollohan case affirmed the Speaker's role as the adjudicating authority in defection cases, though this has been a point of contention.
The 91st Amendment Act aimed to strengthen the anti-defection law by making it harder for smaller groups to split and avoid disqualification.
Defections often occur with the implicit or explicit blessing of ruling parties, making disqualification rare and ineffective in practice.
Unlike mature democracies such as the UK and US, where legislators can vote against their party on specific issues, India's law restricts such independent political positions.
A significant criticism is that the Tenth Schedule has fostered a "high-command culture" and diminished intra-party democracy by making legislators overly subservient to party leadership.
The law has not entirely eliminated horse-trading or the toppling of governments but has made such activities more complex or expensive.
Key Concepts Involved:
Tenth Schedule: Part of the Indian Constitution outlining provisions for disqualification of Members of Parliament and State Legislatures on grounds of defection.
Whip: A directive issued by a political party to its members in a legislature, instructing them on how to vote or behave on a particular issue.
Defection: The act of an elected representative abandoning their original political party to join another or form a new one.
Intra-party democracy: The extent to which democratic principles, such as open debate, elections, and accountability, are practiced within a political party.