Defection still happening, Anti-defection Law not entirely successful

The dynamics of political defections can destabilise the most fundamental democratic principles.

 Defection still happening, Anti-defection Law not entirely successful

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• The story: A cardinal principle of politics should be 'principled politics'. Sadly, a contemporary principle is 'unprincipled hedonism' that leads to politicians seeking to maximise personal gains. To minimise such party-hopping, the Anti Defection Law was enacted.
• Recent trends: are observations that the anti-defection law has failed to discourage defection, with many suggestions from former constitutional functionaries, the ECI and the Supreme Court, on improving its working.
• The anti-defection law: It punishes individual MPs/MLAs for leaving one party for another. It was added by the 52nd Constitutional Amendment Act as the Tenth Schedule in 1985, and the purpose was to bring stability to governments by discouraging legislators from changing parties. It was a response to the toppling of multiple state governments by party-hopping MLAs after the general elections of 1967. The Presiding Officers of the Legislature (Speaker, Chairman) are the deciding authorities in such cases. The decision can be challenged before the higher judiciary.
• What is defection: The law covers three scenarios -

1. When legislators elected on the ticket of a political party voluntarily give up membership of that party or vote in the legislature against the party’s wishes
2. When an MP/MLA who has been elected as an independent joins a party later
3. When nominated legislators join a political party after six months of being appointed to the House Violation of the law in any of these scenarios can lead to a legislator being penalised for defection. But it allows a group of two-third MP/MLAs to join (i.e. merge with) another political party without inviting the penalty for defection.

• Loopholes: The law does not provide a time-frame within which the presiding officer has to decide a defection case. There have been many instances where a Speaker has misused this in not determining the case of a defecting MLA until the end of the legislature term. Parties often sequester (hide) MLAs in resorts to prevent them from changing their allegiance or getting poached by a rival party. Recent examples are Rajasthan (2020), Maharashtra (2019), Karnataka (2019 and 2018), and Tamil Nadu (2017).
• How can it be improved: Recently, the Supreme Court held that ideally Speakers should take a decision on a defection petition within three months. It also said that Parliament should set up an independent tribunal headed by a retired judge of the higher judiciary to decide defection cases swiftly and impartially. The Election Commission has suggested it should be the deciding authority in defection cases. Former Vice President Hamid Ansari has suggested that anti defection should be applicable only to save governments in no-confidence motions.
• Summary: Extremely competitive politics has brought tonnes of money into the game. Opaque electoral bonds have further fuelled the fire. The problem is now systemic, as seen in the toppling of the MP government during the pandemic, in March 2020. It is compromising all democratic principles, even as politicians shamelessly feather their own nests. Time for decisive action has arrived.
• EXAM QUESTIONS: (1) Why do politicians compromise with most fundamental ethics, and indulge in immoral defection for personal gains? Analyse. (2) The Supreme Court may need to intervene directly to find and fix the root cause of political turmoil unleashed by defection. Do you agree? Explain.

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