No Check on Fickle Royalties

Context: The phenomenon of mass defection combined with corruption, moral depravity, lack of character, unprincipled public and private conduct and open defiance of the electorate poses a challenge to democratic political culture.

Features of The Anti-Defection Law

• Disqualification conditions: 
• Members of a political party: 

• If he voluntarily gives up his membership;
• If he votes or abstains from voting from such House contrary to the directions of the whip.

• Independent members: if he joins any political party after the election.
• Nominated Members: if he joins any party after the expiry of six months.
• Exceptions: 

• Unless there is a split in a political party and at least one-third of the members constitute a separate group in the assembly. -removed by 91st amendment.
• For a merger with another party, or to form a new political party, at least two-thirds of the members are necessary.

• Consequences: MLAs cannot become a minister in a government for six months after being declared as a defector. 

Issues with the Anti-Defection Law:

• Bypassing of the law by ministers: The law provides for defectors to be disqualified to become ministers for six months, however which is often bypassed.
• For E.g. Six Congress MLA’s defied their party’s whip by absenting themselves from the confidence vote in Manipur assembly.
• They can again become a minister by resigning from the legislature and wining the bye-elections.
• No Political Accountability: Despite being a party dominated political culture, there is no resting of accountability on political parties:
• Political Parties benefit from the defection and are often accused of enticing MLAs of rival parties to switch loyalties.
• While electoral spending limits are imposed on individuals, there are no such limits for the political parties.
• While Individuals convicted of prison term over two years cannot stand for elections, there are no restrictions on political parties for the nomination of criminally charged politicians.
• Against the grain of representative democracy: If during their tenure, ministers change their views and disassociate themselves with the party, it would be a betrayal of the electorate.
• Normalised culture of Mass Defections: The amended provision related to the removal of the exemptions relating to one-third split has, on the contrary, increased the mass defections.

Way Forward

• Moving away from the punishment based legal approach: and understanding the unhealthy trends in the political culture.

• Y.B.Chavan committee member Bhupesh Gupta noted: Defections are only the manifestation of certain unhealthy trends in our political life.

• All political parties must adhere to a code of conduct or set of conventions (as recommended Y B Chavan committee).
• Political parties must refrain from using anti-defection law to fix problems related to their internal democracy, dissent and discipline.
• The tenth Schedule must be amended to require every defector to resign his or her seat and contest elections afresh. 

Conclusion: Instead of punitive, legislative and constitutional measures against political defections, it is time for some political solution for the political problem.

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 Politicians have become adept at using and bypassing the anti-defection law