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What Is anti Defection Law Class 12
By Zach Arnold | April 14, 2022
1977-79 was one of the crucial periods in Indian politics when the first non-congressional national government under Morarji Desai was ousted from power due to the defection of 76 parliamentarians. This led to political uncertainty until 1979, when Gandhi was elected by a clear majority. In the 1970s-80s, there was a clear trend in the Indian political landscape. Whenever there was a Congress-led government in the center, regional governments fell due to the defection of non-congressional representatives. Karnataka Prime Minister Virendra Patil called the trend a “gold rush.” Although corruption is a global phenomenon, the Gandhi period saw the disruptive policy of defection plague India. [6] Some legal luminaries of the time suggested offering legislators a legitimate remedy to seek protection from the speaker`s decision. They also suggested that the speaker`s decision on overqualification in the event of defection should not be final and recommended that a judicial review process be provided to members by allowing a tribunal to deal with such cases. [20] While the law may have contained much of the evil of defectors, recent incidents on the Indian political scene underscore the need for a review to fill any gaps. 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] Elections in a democratic country allow the people to enforce their desire; The political defectors who occur between elections undermine this assertive act and thus the will expressed by the people. Defections were common in India even before the country`s independence. From about 1960, the rise of coalition politics increased the frequency of defectors as elected representatives attempted to sit in the cabinet of ministers. [3] An extreme example occurred in 1967, when legislator Gaya Lal changed his loyalty three times in a single day, giving rise to the infamous phrase Aaya Ram Gaya Ram (“Ram came, Ram left”). [4] 8. The speaker may take action against members in accordance with the Anti-Defence Act. 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 Act: The amended Act stipulated that a member disqualified for defection was not to hold any ministerial or other political position valid until the end of his or her term as a member. The amended 2003 Act excluded the provisions of the Tenth Schedule relating to the approval of defectors resulting from divisions.
[22] The amended law also stipulated that the number of ministers in the states and union territories should not exceed fifteen percent of the total number of members in the respective chamber. [21] 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). 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] After its passage, some legislators and parties took advantage of the law`s shortcomings. [16] There was evidence that the law did not serve to stop political outburst and in fact legitimized mass defections by exempting from its provisions laws it called divisions. For example, Chandra Shekhar and 61 other parliamentarians did not receive penalties in 1990 if they changed their loyalty at the same time. [17] The Lok Sabha spokesman did not allow renegade members of Janata Dal`s dissident faction to explain their views. [18] Another aspect of the law that was criticized was the speaker`s role in deciding on cases that arose from political defectors. The impartiality of the presidents of various chambers has been called into question with regard to the granting of official recognition to various factions of political parties. Questions have been raised about the non-partisan role of the president because of his political background within the party of which he was elected president. [19] [18] In 1991, Janata Dal (S) was accused of undermining the spirit of the anti-defection law by keeping defaulting members in ministerial positions. Later, all opposition members of the House of Representatives submitted an affidavit to the Indian president, calling on him to remove the ministers. Finally, in response to pressure to save the fallen dignity of the Speaker and the House, the Prime Minister fired renegade MPs from their ministerial positions.
[18] The reforms proposed by various bodies – including the Law Commission, the Electoral Commission, the National Constitutional Review Commission, the Dinesh Goswami Committee for Electoral Reform and the Halim Committee for the Anti-Defector Law – can be read under the following headings. [23] However, the law does not bind legislators to their political parties forever. The legislator may change parties without risk of disqualification in various specified circumstances. This law allows the party to merge with another if 2/3 of the members accept this merger. None of the members will be charged with defection in such a case. In other cases, if a person has been elected president and has had to resign from his or her party for that reason, he or she may join the party when he or she leaves that position. 5. If the 3rd force of a political party merges with another political party, the latter shall be considered a defector. To combat the scourge of political defection, a committee was formed during the fourth Lok Sabha in 1967 under the chairmanship of Y.B. Chavan.
This committee presented a report in 1968, which led to a first attempt to introduce legislation to combat overflow in Parliament. Although the opposition supported the bill, the government, then led by Indira Gandhi, referred it for consideration by a special joint committee; He did not leave the committee until all other legislative proposals were declared invalid by subsequent elections. [6] 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. 7. The Anti-Defector Act shall determine the size of the Council of Ministers. The size of the Council of Ministers of the Union exceeds 15% of the total number of members of the Lok Sabha and is similar to that of the state legislative assembly. The Anti-Defector Act was passed in 1985 by the 52nd Amendment to the Constitution. The Act contained in Annex 10 to the Constitution entered into force on 1 March 1985. It was formulated to bring stability to the Indian political system.
The decision on matters of disqualification due to defection shall be referred to the Speaker or Speaker of the Chamber and its decision shall be final. The word overflow is also called “ground passage” in the UK and “carpet passage” in Nigeria. The term “defector” is used in India. Overflow is commonly referred to as “real estate financing”. Defectors are called “fence guards” or rotating coats. Sri Rajiv Gandhi, then Prime Minister of India, decided to eliminate the evils of defection. As a result, the Anti-Defector Act came into force on April 1 through the 52nd Amendment .. . .
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