Table of Contents
Lets talk defection
Lets talk defection
- Aaya Ram Gaya Ram was a phrase that became popular in Indian politics after a Haryana MLA Gaya Lal changed his party thrice within a fortnight in 1967.
- The anti-defection law sought to prevent such political defections which may be due to allurements.
- In 1985, Rajiv Gandhi government brought 52nd CAA and Tenth Schedule was inserted in the Constitution .
- It lays down the process by which legislators may be disqualified on grounds of defection.
Provisions of ADL
Provisions of ADL
Exceptions to Disqualification :
- If a member goes out of his party as a result of a merger of the party with another party. (2/3rd members of original party merge with other party)
- If a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office
Who is the deciding authority?
- Presiding Officer Of The House
Who is the Rule making authority?
- The presiding officer of a House is empowered to make rules to give effect to the provisions of the Tenth Schedule.
What are the issues with Anti-Defection law?
- Is Representative & Parliamentary Democracy curbed?
- Is freedom of speech & expression of legislators hindered?
- Is role of speakers in anti defection controversial?
- Is defections allowed through Split?
- Does anti defection Subvert Electoral mandates & affects normal functioning of democracy?
Various Recommendations
- Dinesh Goswami Committee on electoral reforms (1990)
- Disqualification should be limited to cases where
- (a) a member voluntarily gives up the membership of his political party
- (b) a member abstains from voting, or votes contrary to the party whip in a motion of vote of confidence or motion of no-confidence.
- The issue of disqualification should be decided by the President/Governor on the advice of the Election Commission.
- Disqualification should be limited to cases where
Various Recommendations
- Law Commission (170th Report, 1999)
- The provisions of the anti defections which exempt splits and mergers from disqualification should be deleted.
- Pre-poll electoral fronts should be treated as political parties under anti-defection law.
- Political parties should limit issuance of whips to instances only when the government is in danger.
Various Recommendations
- Election Commission
- Decisions under the Tenth Schedule should be made by the President/ Governor on the binding advice of the Election Commission.
- Constitution Review Commission (2002)
- Defectors should be barred from holding public office or any remunerative political post for the duration of the remaining term.
- The vote cast by a defector to topple a government should be treated as invalid.
Now, the Vice President
- Vice-President Venkaiah Naidu has said that, the time has come to amend the anti-defection legislation in the country to plug existing loopholes.
- “There are certain loopholes in the anti defection law. It allows wholesale defection. But retail defection is not allowed. Amendments are required to plug the loopholes”.
- “There is no clarity in the law about the timeframe for the action of the House Chairperson or Speaker in the anti-defection cases. Some cases are taking six months and some even three years. There are cases that are disposed off after the term is over. I personally believe that these anti-defection cases can be disposed of in three months.”
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