Anti-Defection Law is present in the Tenth Schedule of the Constitution of India. It was introduced by the 52nd Amendment Act of 1985. It is designed to prevent political instability caused by elected members of the constituencies switching parties frequently. In simple terms, it aims to stop elected representatives from switching parties for personal gains or material benefits.
What is Anti-Defection Law?
The anti-defection law was introduced to stop politicians from switching parties after getting elected. It aims to bring stability to the government by ensuring that elected representatives remain loyal to the party they belong to when they are elected.
Here are the key points:
- No Party Switching: If you are elected as a member of a political party, you cannot switch to another party. If you do, you can lose your seat in the legislature (Parliament or State Assembly).
- Independent Members: If you are elected as an independent candidate (not belonging to any party), you cannot join a political party after the election. If you decide to join, you may lose your own seat.
- Nominated Members: If you are nominated to the legislature, you can join a political party within six months. After that, if you switch parties, you could lose your seat.
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Exceptions:
- Merger: If a party merges with another party, and at least two-thirds of its members agree to the merger, they will not be disqualified.
- Presiding Officer's Role: The Speaker of the House (in the case of the Parliament) or the Chairman (in the case of the State Assembly) has the authority to decide on disqualification matters. You can fight their decision in court if you don't agree with it..
Purpose:
- Stability: It ensures the stability of governments by reducing frequent changes in party allegiance.
- Loyalty: It encourages legislators to be loyal to the party on whose ticket they were elected.
- Integrity: It aims to maintain the integrity of the electoral process by preventing elected representatives from changing parties for personal gain.
How is the anti-defection law in India relevant to the public?
The Anti-Defection Law in India is highly relevant to the public in the following ways:
- Preserves the People's Mandate (what people wish from the government)
- Promotes Political Stability
- Prevents Corruption in politics
- Strengthen Public Faith in Democracy
Creating the right balance between the party and an individual remains an ongoing challenge in the law's implementation. Overall, the anti-defection law is highly relevant for the public as it aims to curb unethical practices that can weaken the democratic process.
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What role can the public play if any member of a political party violates the anti-defection law?
The public can take the following steps if an elected member has defected to another party in violation of the anti-defection law:
- Approach the courts:
- If the Speaker or the Chairman delays or fails to decide on the disqualification, citizens can approach the High Court or Supreme Court to seek judicial help.
- The courts have the power to review the Speaker/Chairman's decision on defection cases.
- Participate in elections:
- They can support political parties and candidates who uphold the anti-defection law and party discipline.
- Raise public awareness:
- Citizens can use media and social platforms to tell others about any politician who is not following the anti-defection law or is corrupt.
- They can organise campaigns to educate the public about the anti-defection law and its importance for democracy.
- Ask for reforms:
- Citizens can push for reforms to the anti-defection law, such as giving more powers to an independent body like the Election Commission to decide on disqualification cases.
- They can demand stricter penalties for defecting members and removing loopholes in the law.
The key is for citizens to be alert and report violations. They should use legal and electoral methods to hold the wrongdoer responsible. If the public pressure is continued, it can force the legislature and judiciary to strengthen the anti-defection framework.
What are the penalties for defecting to another party?
The member of the political party who violated the anti-defection law would be disqualified from the House. The speaker or the chairman has the power to do so. That member would lose their seat in the House.
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FAQs:
1. What is the anti-defection law in the Constitution?
The anti-defection law punishes the member of a political party who leaves that party after getting elected. They can be a Member of Parliament(MP) or a Member of the Legislative Assembly(MLA).
2. What is meant by defection?
Defection means leaving or abandoning something to join the opposite side; desertion.
3. What are the benefits of anti-defection law?
The anti-defection law maintains political stability within parties. This enables the parties to continue their work for the people of the country.
4. Who is the deciding authority of anti-defection law?
The Chairman in the case of Rajya Sabha and the Speaker in the case of Lok Sabha is the deciding authority of anti-defection law.
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Written by Anushka Patel
Anushka Patel is a second-year law student at Chanakya National Law University. She is a dedicated student who is passionate about raising public awareness on legal matters
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Further Reading
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