- The editorial examines the growing trend of political defections despite the Anti-Defection Law (Tenth Schedule), arguing that frequent party-switching weakens democratic ethics, voter trust, and legislative accountability.
Background:
- The Anti-Defection Law was introduced through the 52nd Constitutional Amendment Act, 1985 (Tenth Schedule).
- Strengthened by the 91st Constitutional Amendment Act, 2003, which removed the provision allowing one-third splits.
- The Speaker/Chairman decides disqualification petitions.
Highlights:
- Frequent defections undermine the people’s mandate.
- Legislators often switch parties for political office or electoral advantage.
- Delays by Speakers in deciding disqualification petitions weaken the law.
- Defections reduce public trust in democratic institutions.
- Raises concerns over constitutional morality and ethical governance.
Challenges:
- Delay in disqualification decisions by the Speaker.
- Questions over the Speaker’s political neutrality.
- Misuse of merger provisions.
- Weak deterrence against opportunistic defections.
- Judicial intervention often comes after governments have already changed.
Way Forward:
- Fix a time limit for deciding disqualification petitions.
- Consider an independent adjudicatory mechanism instead of the Speaker (as recommended by the Election Commission and Law Commission).
- Strengthen transparency and accountability.
- Promote internal democracy within political parties.
- Uphold constitutional morality and voter mandate.
Important Supreme Court Cases:
- Kihoto Hollohan v. Zachillhu (1992): Upheld the constitutional validity of the Anti-Defection Law; Speaker’s decision is subject to judicial review.
- Keisham Meghachandra Singh v. Speaker, Manipur (2020): Suggested Speakers decide defection cases within three months.
- Shrimanth Balasaheb Patil v. Speaker, Karnataka (2019): Speaker cannot indefinitely bar disqualified legislators from contesting elections.
Mains Expected Question:
Q. The Anti-Defection Law was enacted to ensure political stability, but frequent defections continue to undermine democratic values. Critically examine. (250 Words)
