Anti-Defection Law Averts Political Crisis in Himachal Pradesh

Cross-voting: It refers to a situation where lawmakers or elected representatives vote against the official party line during an election or legislative process.

Anti- defection Law:

The Anti-defection Law in India was enacted to prevent political defections by legislators — that is, elected members switching parties for personal gain or under political pressure.

1. Origin and Legal Basis:

1. Introduced by: 52nd Amendment Act, 1985
2. Added to: Tenth Schedule of the Constitution of India
3. Objective: To curb political instability caused by elected legislators defecting from one party to another.

2. Key Provisions of the Law:

1. Disqualification Grounds:
   A legislator (MP or MLA) can be disqualified if they:
   1. Voluntarily give up membership of their political party.
   2. Vote (or abstain) from voting against the direction (whip) of their party without prior permission.
2. Independent Members:
   1. If they join a political party after being elected, they can be disqualified.
3. Nominated Members:
   1. Can join a party within 6 months of nomination. After that, if they join any party, they face disqualification.
4. Merger Provision:
   1. If two-thirds of the members of a party merge with another party, it is not considered defection.
5. Decision Authority:
   1. The Speaker/Chairman of the legislature decides on disqualification.

3. Recent Developments:

Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly, 2020

1. Supreme Court said the Speaker must decide disqualification petitions within 3 months, unless there are exceptional circumstances.
2. Suggested independent tribunals to decide such matters, instead of the Speaker.

4. Pension Provisions for MLAs:

1. Eligibility:
   1. Any person who has served as an MLA is generally entitled to a pension after their term, even if it was for a short period.
   2. The exact amount and conditions vary from state to state.

1. Several states offer pension, healthcare, travel coupons, allowances, and more to former MLAs.
2. Gujarat stands out as the only major state without a re­tiree MLA pension scheme.

2. Amount of Pension:
   1. Most states in India provide a fixed monthly pension (e.g., ₹25,000–₹50,000 per month) to former MLAs.
   2. Additional pension is often provided for each additional term served.

Challenges

Way Forward

Delays in disqualification decisions

Set fixed timeframes and empower neutral bodies for speedy rulings.

Speaker’s bias in disqualification cases

Transfer power to an independent tribunal or the Election Commission.

Ambiguity in legal definitions (e.g., "voluntarily giving up membership")

Amend and clarify legal language in the anti-defection law.

Misuse of anti-defection provisions

Allow healthy dissent within parties without penalizing genuine concerns.

EnsureIAS Mains Question:

“The Anti-Defection Law, while intended to curb political defections and ensure stability, has raised concerns about suppressing legitimate dissent and centralizing authority." Critically examine the effectiveness and limitations of the Anti-Defection Law. Suggest reforms to strengthen its implementation. (250 words)

EnsureIAS Prelims Question:

Q. With reference to the provisions of the anti-defection law, consider the following statements:

1. The 91st Amendment Act of 2003 removed the provision that allowed defectors to escape disqualification if one-third of the members of a party defected (split).
2. The presiding officer of the House, while deciding a case of defection, functions as a judicial tribunal, and their decision is subject to judicial review by the Supreme Court and High Courts.
3. The presiding officer can disqualify a member of the House for defection, even if the defector's action is sanctioned or condoned by the political party they belong to.

Which of the statements given above is/are correct?

1. 1 and 2 only
2. 1 and 3 only
3. 2 and 3 only
4. 1, 2, and 3

Answer: a

Explanation:

Statement 1: Correct. The 91st Amendment Act of 2003 removed the provision that allowed defectors to escape disqualification if one-third of the members of a party defected (split). This amendment was made to close the loophole that allowed legislators to avoid disqualification by citing a "split" in the party.

Statement 2: Correct. According to the Kihoto Hollohan case (1993), the presiding officer functions like a judicial tribunal when deciding defection cases. This means their decision is subject to judicial review by the Supreme Court and High Courts. Their decision can be reviewed on grounds such as bias or procedural errors.

Statement 3: Incorrect. The presiding officer cannot disqualify a member if the defection is condoned or sanctioned by the political party they belong to. If the political party allows or condones the defection, it does not automatically lead to disqualification.