Context
Recently, eight of the 11 Congress MLAs in the Goa Assembly defected to the Bharatiya Janata Party (BJP).
What is Anti-defection Law?
- The Anti-Defection Law under the Tenth Schedule of the Constitution punishes MPs/ MLAs for defecting from their party by taking away their membership of the legislature.
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Origin
- Aaya Ram Gaya Ram was a phrase that became popular in Indian politics after a Haryana MLA Gaya Lal changed his party thrice within the same day in 1967.
- The anti-defection law was a response to the similar toppling of multiple state governments by party-hopping MLAs.
- Parliament added it to the Constitution in 1985.
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- It lays down the process by which legislators may be disqualified on grounds of defection.
- It gives the Speaker of the legislature the power to decide the outcome of defection proceedings.
- It was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv Gandhi was PM.
- The law applies to both Parliament and state assemblies.
Cases consider under the anti-defection law
- Voluntarily giving up: The first is when a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House against the wishes of the party.
- Such persons lose his seats.
- Independent members: The second scenario arises when an MP/MLA who has been elected as an independent joins a party later.
- Nominated legislators: The law specifies that nominated legislators can join a political party within six months of being appointed to the House, and not after such time.
- Violation of the law in any of these scenarios can lead to a legislator being penalised for defection.
International scenario on Anti Defection Law
- Bangladesh: Article 70 of the Bangladesh Constitution says a member shall vacate his seat if he resigns from or votes against the directions given by his party.
- The dispute is referred by the Speaker to the Election Commission.
- Kenya: Section 40 of the Kenyan Constitution states that a member who resigns from his party has to vacate his seat.
- The decision is by the Speaker, and the member may appeal to the High Court.
- Singapore: Article 46 of the Singapore Constitution says a member must vacate his seat if he resigns, or is expelled from his party.
- Article 48 states that Parliament decides on any question relating to the disqualification of a member.
- South Africa: Section 47 of the South African Constitution provides that a member loses membership of the Parliament if he ceases to be a member of the party that nominated him.
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