NEW DELHI: The anti-defection law could be the biggest hurdle in conducting simultaneous elections in India, according to a ‘working draft’ report prepared by the Law Commission of India.
To work around this hurdle, the draft suggests either introducing some amendments or repealing the anti-defection law altogether.According to the working draft report, simultaneous polls can become a reality only “if the rigours of the anti-defection law laid down in Paragraph 2 of the 10th Schedule are done away with”.
The anti-defection law, which was inserted in the Constitution by the 52nd Amendment in 1985, provides for disqualification of members of Parliament or state legislatures on the grounds of defection.
A member is deemed to have defected if he/she either voluntarily resigns from his/her party or defies the party leadership’s directive on a vote—that is, if the member votes on any issue or abstains from voting in contravention of the whip issued by the party.
The law is usually applied in case of a hung House, i.e., a situation where a single party or pre-poll alliance does not have enough elected members to secure an overall majority.
“The only recourse to overcome this is to do away with the rigours of the anti-defection law. An exception must be carved out so that a member asking for support from the members of other political parties to form the government is able to secure the same,” the report states.
It goes on to recommend that the following be added to Paragraph 2 (1)(b) of the 10th Schedule: “Provided that in case of deadlock in the formation of the government or instability because of defection or withdrawal of the support by a supporting political party, in formation of the government, the provisions of the 10th Schedule will not apply.”
An alternative offered by the law panel is repealing the Schedule itself.As reported first by Express on April 11, the working draft report of the law panel has recommended holding simultaneous elections in two phases, beginning from 2019.
Besides the anti-defection law, the report has also listed out ‘no-confidence motion’ as a hurdle. The draft has suggested replacing the no-confidence motion with “constructive vote of no-confidence”. Through this motion, an Opposition would be able to oust a government only when the formation of an alternative government is possible.
No action against turncoats?
Anti-defection law, inserted in the Constitution by the 52nd Amendment in 1985, provides for disqualification of members of Parliament or state legislatures on grounds of defection.
Law panels suggests amendments to do away with rigours of the anti-defection law laid down in Paragraph 2 of the 10th Schedule.