Defection: An Enemy of Political Stability in India

(General Studies II – Polity Section – Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.

– Structure, Organization and Functioning of the Executive and the Judiciary—Ministries and Departments of the Government; Pressure Groups and Formal/Informal Associations and their Role in the Polity.)

• Defection refers to switching political allegiance, particularly when a member of a political party leaves the party and joins another party or becomes independent.
• In subsequent elections, many defectors not only won, but also got ministerial berth, hence it becomes necessary to question the effectiveness of Anti-Defection Law.
  

Effects of Defection on Governance –

• Disruption of Government Functioning: defection has led to governmental instability, as seen in the era of the “Aaya Ram, Gaya Ram” slogan, where frequent party-switching hindered effective governance.
• Encouraging Unethical Practices: Defection fosters unethical practices like horse-trading, where legislators are traded or bribed to switch sides, undermining the democratic process. Ex. Infamous Maharashtra Assembly
• Policy Paralysis: instability in politics hampers effective policies and decision making. It is evident in the Indian politics during 1990s.
• Rampant corruption: Defection fosters opportune politics and short sightedness of politicians compels officers to extort money from businesses and general public. Ex Sachin vaje case in Mumbai.
• Erodes Accountability in Governance: Defection bypasses accountability in governance, this reduces trust of public offices.
  

Measures taken to curb Defection –

• Anti-Defection Law was enacted as Tenth Schedule of the Constitution via 52^nd Amendment Act, 1985. It contains provisions related to the disqualification of Members of Parliament (MPs) and Members of State Legislatures (MLAs) on the grounds of defection.
• 91^st Constitutional Amendment Act, 2003 which says “A member of either House of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister”.

These measures were taken to curb the defection and foster Stability in politics, effective and accountable governance and embolden the faith in democratic electoral politics. However, it has gained little or no success and proved to be ineffective over the decades.

Ineffectiveness of measures taken –

• This law fails to distinguish between dissent and defection. This, in turn, has the effect of curbing the legislator’s right to dissent and freedom of conscience.
• It bans individual defection but allows group defection through a merger. This distinction seems irrational.
• It does not provide for the expulsion of a legislator from his/her party for his/her activities outside the legislature.
• Its discrimination between an independent member and a nominated member is illogical. If the former joins a party, he/she is disqualified while the latter is allowed to do the same.
• Its vesting of decision-making authority in the Presiding Officer is criticized on the following two grounds:
• He/she may not exercise this authority in an impartial and objective manner due to political exigencies.
• He/she might lack the legal knowledge and experience to adjudicate the cases.
  

Way Forward –

• Clarify Legal Framework: Amend the anti-defection law to include clear definitions and guidelines for handling intra-party dissent and factional splits.
• Time-Bound Resolution: Establish specific timelines within the law for adjudicators to resolve anti-defection cases.
• Strengthen Inner-Party Democracy: Encourage political parties to enhance internal democratic processes to prevent defections driven by dissatisfaction within party ranks.
• Training for Adjudicators: Provide training and guidance to Speakers and other adjudicators tasked with interpreting and applying the anti-defection law.
• Public Discourse and Awareness: Foster public discourse and awareness regarding the implications of defection on democratic principles and governance that can help create pressure for reforms and hold elected representatives accountable for their actions.
  

Indian Constitution aims for democratic stability by curbing political defections. Despite its importance, challenges such as restricting legislators’ freedom and procedural issues underscore the necessity for reforms. Inspired by international experiences, proposed steps aim to balance stability and accountability. The law must evolve to remain relevant in India’s dynamic political landscape, ensuring a robust democracy.