Anti-Defection Law: Can Law Correct Aberrations In Political Ethics?

Dakshata Bajpai, B.A. LL.B. (Hons.), Nalsar, Hyderabad & LL.M., GNLU, Gandhinagar

ABSTRACT

The problem of political defection has been rampant in India since 1960s. The practice of defection has undermined the spirit of democracy and also caused political instability in governments. The practice has been more pronounced in state politics as against the Union level. Anti-defection act was enacted in 1985 via 52nd Constitutional Amendment. It provided for the disqualifications of members of Legislative Houses for defecting to other parties. In order to strengthen the effectiveness of law, 91st Constitutional Amendment, 2003 has removed the provision of split as an exception to anti- defection law. yet, the practice of defection is going on unabated. The recent example of Maharashtra (June, 2022) highlights a new urgency to deal with this issue. The same has been highlighted by the Apex Court on multiple occasions. Thus, the law relating to defection needs to be further strengthened by making provisions such as disqualifying the defected members from contesting elections or holding any political post for six years, setting independent tribunals (in place of speaker) for deciding cases of defection in impartial manner and bringing new malpractices like resignations for defection under the ambit of law.