Historical Genesis of the Anti-Defection Law
Defections began soon after Independence, destabilizing governments and raising ethical concerns.
“Aaya Ram, Gaya Ram” phrase illustrates the frequent party-switching by legislators, emphasizing the need for regulation.
The anti-defection law was enacted in 1985 through the 52nd Amendment to curb this practice and ensure loyalty to elected mandates.
It introduced the Tenth Schedule during Rajiv Gandhi’s tenure as Prime Minister
It disqualifies members who leave their party or ignore party directives during crucial votes.
The 91st Amendment in 2003 required two-thirds of a party to agree for a merger, tightening the rules against defections.
Proposed Amendments
Introduce a four-week limit for Speakers to decide on defection cases to prevent delays and misuse of power.
Mandate public notice of party whips via newspapers or electronic means to resolve disputes over members' awareness.
While some suggest removing the Speaker from decision-making, reforms should focus on enhancing accountability and transparency instead.
Need for Political Will
The effectiveness of the anti-defection law needs to be reinforced through proposed amendments to ensure stability and adherence to party loyalty
Supporting "One Nation, One Election": Amendments can aid in the broader political initiative for synchronized elections in India.
Leaders like Narendra Modi and Rahul Gandhi should collaboratively push for these changes to strengthen democracy and uphold electoral integrity.
COMMENTS