NEW DELHI: Towards the completion of 25 years of the anti-defection law, it is high time that the law be revisited, feel some of the experts and policy makers.
“In the present times, elected members switch parties soon after the elections as post-election coalitions which often happen after a fractured verdict.
In this case, it is the political party which induces defection. The problem starts with political parties, their structure and lack of internal democracy.
Political parties are also not accountable to individuals. So there is a need to re-look the law”, said B G Verghese, senior journalist.
In a bid to put brakes on legislative members switching party allegiances, the law was passed in 1985 through the 52nd Amendment to the Constitution, which witnessed the addition of the Tenth Schedule to the Constitution.
“This type of law is an exception to the general rule and is rarely found in established democracies. One basic issue is whether defection is incompatible with democracy, or whether such a law itself is undemocratic”, said Y K Sabharwal, former Chief Justice of India.
“The law is undemocratic, but it is a necessary evil given the political context”, said former Rajya Sabha member and SP member Shahid Siddiqui, who had quit the party and joined rival BSP during the thick of trust vote in the Parliament in the issue of Indo-US nuclear deal. “Party leaders who may not be members of the legislature often take decisions regarding which way members in the legislatures should vote”, he said.
The anti-defection law has also curtailed the independence of members of legislatures, felt Asaduddin Owaisi MP.
“If a person wishes to change parties, he should resign and get re-elected.
There should be some qualification for becoming a minister. A person should not be allowed to defect only to become a minister”, said E M S Natchiappan, Congress MP in Rajya Sabha representing Tamil Nadu, who was also the chairman of the Parliamentary Standing Committee on Law and Justice.