Why is it in the news?
- The Maharashtra Assembly Speaker has declined to disqualify MLAs belonging to the factions led by Eknath Shinde and Uddhav Balasaheb Thackeray.
| · Defection refers to the transfer of allegiance by a legislator from one political party to another, leading to political instability.
· Traditionally known as ‘floor crossing,’ it has historical roots in the British House of Commons. · Defections have been a source of political instability in India, shifting focus from governance to governments. · The Chavan Committee Report (1969) highlighted instances of party allegiance changes, leading to the introduction of the Anti-Defection Law (ADL) through the 52nd Constitutional Amendment in 1985. |
Anti-Defection Law (ADL)
About:
- Formulated to bring stability by curbing legislators’ tendency to switch party loyalties.
- Addresses defection scenarios like voluntarily giving up party membership or violating party whip instructions.
- Allows MPs/MLAs to merge with another party, provided two-thirds of legislators support the merger.
- Nominated legislators can join a party within six months of appointment.
- Violation leads to disqualification, with the deciding authority being the Presiding Officer (Speaker/Chairman).
Significance of ADL:
- Aims to bring stability and discourage party-switching, promoting party discipline.
- Ensures loyalty to party policies and manifestos, maintaining elected representatives’ accountability.
Criticisms of ADL:
- Critics argue that it limits independent action, binding legislators to official party positions.
- Reduces accountability to Parliament and constituents.
- Defections due to the lure of office are common.
- Ambiguities in interpreting split scenarios, especially in recent cases in states like Maharashtra.
Suggestions by Committees on ADL:
| Committee/Commission | Recommendations |
| Dinesh Goswami Committee (1990) | – Disqualification limited to cases where a member voluntarily gives up party membership. |
| – Disqualification for abstaining or voting against party whip in a confidence or no-confidence motion. | |
| – Disqualification decision by President/Governor on Election Commission’s advice. | |
| Law Commission (170th Report, 1999) | – Delete provisions exempting splits and mergers from disqualification. |
| – Treat pre-poll electoral fronts as political parties under the anti-defection law. | |
| – Political parties to limit the issuance of whips to instances when the government is in danger. | |
| Constitution Review Commission (2002) | – Bar defectors from holding public office or remunerative political posts for the remaining term. |
| – Treat the vote cast by a defector to topple a government as invalid. | |
| Election Commission | – Decisions under the Tenth Schedule to be made by the President/Governor on the binding advice of the Election Commission. |
| Related SC Judgment:
· Kihoto Hollohan vs Zachillhu (1992): SC upheld ADL’s validity, subjecting the Speaker’s order to judicial review on limited grounds. |
Conclusion
- While ADL has brought some stability, it has loopholes.
- The apex court should review the Tenth Schedule to prevent further erosion of democracy.
