[5] Ravi Naik vs Union of India, 1994, indiankanoon.org/doc/554446/. [11] Anti-defection law ignored, November 30, 2017, www.news18.com/news/politics/anti-defection-law-ignored-as-mlas-defect-to-tdp-trs-in-andhra-pradesh-and-telangana-1591319.htmland His official minister Talasani is still a member of the TDP, March 27, 2015, www.thehansindia.com/posts/index/Telangana/2015-03-27/Its-Official-Minister-Talasani-is-still-a-TDP-member/140135. The parties could also use the anti-defector law to their advantage. In 2019, in Goa, 10 of the 15 Congress MPs merged their parliamentary party with the BJP. In the same year, in Rajasthan, six BSP MPs merged their party with the Congress (the case was heard by the Supreme Court), and in Sikkim, 10 of the 15 Sikkim Democratic Front MPs joined the BJP. In 2015, the Hyderabad Supreme Court refused to intervene after hearing a petition claiming that the Speaker of the Telangana Assembly had delayed action against a member under the anti-defector law. [9] The Anti-Defector Act aims to create a stable government by ensuring that legislators do not change sides. However, this law also prevents a legislature from voting in accordance with its conscience, judgment and the interests of its constituents. Such a situation hinders the government`s legislative oversight function by ensuring that members vote based on decisions made by the party leadership and not on what their constituents want them to vote for. GK Quiz on the Anti-Defection Law and the Central Bureau of Investigation (CBI) The anti-defector law punishes individual MPs who leave one party for another. It allows a group of MPs/MPs to join another political party (i.e. merge with it) without claiming punishment for defection.
And it does not punish political parties for encouraging or accepting flawed lawmakers. Parliament included it in the Constitution in 1985 as the tenth calendar. Its aim was to bring stability to governments by discouraging lawmakers from changing parties. It was a reaction to the overthrow of several state governments by MPs who were skipping the party after the 1967 parliamentary elections. Between 1957 and 1967, Congress (I) became the sole beneficiary of the defectors. It lost 98 of its lawmakers but gained 419, while those who left other parties and did not join Congress (I) formed new separate parties, with the aim of exercising power through a coalition government in the future, rather than joining established governments. This situation gave Congress (I) a strong grip on power. In the 1967 elections, approximately 3,500 members were elected to the legislatures of various states and union territories; Of these elected representatives, about 550 of their parent parties later defected, and some politicians crossed the floor more than once. [5] The reforms proposed by various bodies – including the Law Commission, the Electoral Commission, the National Constitutional Review Commission, the Dinesh Goswami Committee on Electoral Reform and the Halim Committee for the Anti-Defector Law – can be read under the following headings.
[23] Faced with the rise of public opinion in favour of an anti-defector law, Rajiv Gandhi proposed the new anti-defection law to parliament immediately after obtaining a clear majority in 1984. After marathon debates, the Lok Sabha and rajya Sabha voted unanimously in favour of the bill on 30 and 31 January 1985, respectively. [7] The Bill received the approval of the President on February 15, 1985, and the Act came into force on March 18, 1985. [8] The law established the procedure for disqualification of an elected member for the remainder of the term who had defected either by resignation or contempt for the party leadership and absence in a decisive vote. However, the law allowed mergers and divisions of political parties, so splits within the party by one-third of its members and merger (joining another party) by two-thirds of the other party members were allowed. Experts felt that defectors should not only be considered in terms of numbers and should be seen in the context of how these political defectors undermine the mandate of the people. But Ashoke Sen justified the act of allowing mass defectors by calling it the release of lawmakers from "chains of obscurantism and orthodox politics." [6] Recently,[When?] Sachin Pilot and his deputies (from rajasthan constituency to Congress) applied to the Supreme Court and challenged the anti-defector law; The conclusion that the provision should not jeopardize a Member`s fundamental freedom of speech and expression. They also called for Article 2(1)(a), which is declared ultra vires (outside the scope) of the basic structure of the Constitution, and freedom of speech and expression under Article 19(1)(a). A law has been sought to limit these frequent defectors in India.
In 1985, the Tenth Annex of the 52nd Amendment to the Indian Constitution was passed by the Indian Parliament to achieve this. On the recommendation of many constitutional bodies, Parliament passed the Ninety-one Amendment to the Indian Constitution in 2003. This strengthened the law by adding provisions on the disqualification of defectors and prohibiting them from being appointed ministers for a certain period of time. [2] The decision on matters of disqualification due to defection is referred to the Speaker or Speaker of the House and its decision is final. [3] Constitution (52nd Amendment) Act, 1985, indiacode.nic.in/coiweb/amend/amend52.htm. The Anti-Defector Act, enshrined in the Indian Constitution by the introduction of the Tenth Schedule, consists of 8 paragraphs. Below is a brief summary of the content of the law: It happened in 1967. The case became a basis for parliament to include the 10th Annex in the Indian Constitution. This law establishes the procedure by which legislators may be disqualified due to defections of the Speaker of a legislature on the basis of a petition from another Member. Violation of the law in either of these scenarios can result in a legislature being penalized for defection. .
