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Anti-Defection Law: Intent and Impact Summary of Proceedings from the Conference on Effective Legislatures
The second session of the Conference on Effective Legislatures was on the topic “Anti-Defection Law: Intent and Impact”. The speakers on the panel included Mr. Y. K. Sabharwal (Former Chief Justice of India), E. M. S. Natchiappan (MP and Former Chairman Standing Committee on Law and Justice), and Mr. Shahid Siddiqui (Editor, Nai Duniya and Former MP). The session was moderated by Mr. B. G. Verghese (Senior Journalist). The main points of the speakers are summarised below. The video recordings of the proceedings are available at www.prsindia.org.

Mr. B.G. Verghese
Defection first became a problem in the 1960s with floor-crossing in state legislatures and in the Parliament becoming common. This gave rise to the ‘Aaya Ram Gaya Ram’ phenomenon. Defection was motivated by lure of office and money. In 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. Political parties also ‘defect’ from their members by abdicating from the manifestoes or election-time promises that they make. Candidates get elected on the basis of these promises, and after the election, the party often deviates from their manifesto. The elected member has no option but to toe the party line. There is a general consensus that the law needs a review. One possible change is that disqualification for disobeying whips be limited to Money Bills or Confidence Motions for or against the government. Political parties have also become important as a basic unit of the democratic setup. Therefore, political parties themselves are in need of reform. Anti-defection law was brought in to promote...