Multi-party democracy has its share of advantages and disadvantages. India, the world’s largest democracy, swears by its meticulously drafted constitution in matters of politics and governance. The original constitution that came into force on 26 January 1950 did not have adequate provisions for curbing instances where a member of one political party, after being elected to the parliament or state legislative assembly, shifts his/her allegiance to another party.
When in the year 1967, a member of the Haryana state legislative assembly made a switch over to another political party thrice in just one day, the expression ‘Aaya Ram Gaya Ram’ entered the Indian political landscape. To tackle the issue, more so when regional political parties became a formidable player in the electoral politics, the Rajiv Gandhi-led government came up with the Tenth Schedule in the Indian constitution, popularly referred to as the anti-defection law.
Since in many lately-concluded state elections any one political party contesting the polls could not come up with the magical figure, the debate over the anti-defection law has re-ignited.
The latest such argument that landed into the top court was when the BJP, a right-wing party, fell short of 9 seats in Karnataka 2018 state polls but approached the governor with stake over government. The BJP’s argument that anti-defection law would not apply to Karnataka lawmakers since they weren’t yet sworn in as MLAs was termed ‘preposterous’ by the Supreme Court and subsequently the minority BJP government had to resign just after 2 days.
But what is the anti-defection law?
As per the tenth schedule, any member of the parliament or state legislative assembly shall stand to lose his/ her membership of the House if any of the following two conditions is met. The first is where the member voluntarily gives up membership of the party from which he/ she contested polls, and the second is when any member votes or abstains from voting in the House contrary to party’s whip or without sanction from the party.
The court has further interpreted the provisions by stating that even without tendering resignation to the party, the member may still lose membership of the House if his/ her conduct appears as such, for example where the member pleads with the Governor to allow a member of any other party to be sworn in as Chief Minister, the former’s membership of House would end since the act will be deemed as voluntarily giving up membership.
Should at least two-third members of any legislature party decide to merge with any other party or form an altogether new party, such an act, as per the anti-defection law, shall not result intothe members standing disqualified. Also, the question as to disqualification of any member on account of any provision under the Tenth Schedule shall be decided by the Chairman/ Speaker of the House and his/ her decision shall be binding.
Although the provisions appear comprehensive and indisputable as first glance, most cases land up in the court for final decision. That’s another beauty of democracy – a powerful judiciary.
Also Read: Why The Female Vote Matters In India’s Elections
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