“DEFECTION POLITICS IS NOT A LEGITIMATE ASSERTION OF

POLTICAL INDEPENDENCE”

INTRODUCTION

First of all, we need to understand ‘what is defection?’. So, in political scenario it is a

situation when a member of a political party leaves his party and joins hands with other
parties. The practice of defection in Indian politics has always been the breeding ground of
political instability and uncertainty in the country.1

It is often characterised that defection is driven by opportunism and self interest rather than
genuine ideological or constituency-based consideration, the basis of this statement is that the
idea of plurality of political parties is expected in a democracy, however the explosion of
political parties could end up being a liability rather than an asset.

The political instability that contributed by large scale political defection is infact a threat to
democracy, which many a time reduce the concept of democracy to mockery.

WHY DEFECTION IS NOT ACCEPTABLE?

Defection politics means you are defecting your part, you are going unconstitutionally to law
made by the land. Legitimate assertion means lawful assertion, if it had been a legitimate
assertion why would there have been a law against it popularly known as “the anti-defection
law”. Political Independence refers to state or entity’s ability to govern itself. It depends on
person to person and it is really subjective. In regards of defection politics everyone’s
political independence is different from each other.

Defection happens when there is an absence of value based politics, there is lust for money,
muscle and reward for office. If you are highly dissatisfied with your party ideology, why
change after winning, why not before winning the elections.

1
Parliament library and reference, research, documentation and information service, No. 16/RN/Ref/July/2022
It is the illegitimate mind of a person who wants to earn through his political ideology. There
is a popular proverb- ‘rats leave the sinking ship first’, so political parties use this
atmosphere, they are just like the magicians who diverts the attention from the things which
is actually happening.

Defection can also be seen as the betrayal of the people’s mandate. There is a betrayal of
voters truth when elected representative defected from their original party, they betrayed the
trust of the electorate who voted for them on the basis of their parties affiliations and the
promises that made during their campaign.

There is an erosion of party integrity, defection politics weakens the fabric of political parties
by foresting a culture of instability and optimism and manipulation of power dynamics.

Defection politics are used as a tool to manipulate power dynamics resulting in unstable
government and compromised policy making. Defection should be a rare and principle
decision not a common occurrence derived by self interest.

LAWFUL APPROACH AGAINST DEFECTION POLOTICS

Original Constitution of India has no such provisions but it was included in 1985 with the
intent to deter the evil of political defections by the legislators motivated by the lure of office
or other similar considerations. So we have the very famous law which was came in picture
after 52nd amendment which is prescribed in 10th Schedule of our Indian Constitution.

10th Schedule was also challenged before the supreme court in Kihoto Hollohan Vs. Zachillhu
& Ors2 :- the main challenge was the violation of free speech right of legislators which is
guaranteed under Article 105 and 1943 but the bench held that the unscrupulous and
unprincipled political defection are to be contained and the legislators freedom of speech can
be reasonably curtailed for a larger interest of the nation, the legislators who fought and won
election on the basis of program and policies of political party, they are not supposed to do
floor crossing midway through the term of the government.

2
Kihoto Hollohan Vs. Zachillhu & Ors [1992] INSC 53 (18 February 1992)

3
The Constitution of India, 1950
The law says that a defector can be disqualified by the speaker on the basis of a petition by
the other member of the house. However, the practice of naming speaker from the ruling
party means defections are allowed nearly in all circumstances with no regard for the motive
behind defections.

170th report of law commission of India on electoral reforms states that if democracy and
accountability constitute the core of our Constitutional system, the same concept must also
apply within the political party.

What is anti -defection law? So, anti-defection law came in the picture after 52 nd amendment
of 1985 and added as the 10th schedule inside the Constitution. This law punishes the member
of parliament and members of legislative assembly when they leave their own party for
another party. Parliament added this law to bring stability to government by discouraging
legislators from changing their parties. The 10 th schedule gives the full set of provisions for
the disqualifications of the elected members on the ground of defection.

The 52nd Amendment was the response to the toppling of multiple state governments by
party-hopping MLAs after the general elections of 1967.

GROUNDS FOR DEFECTION:

1. Voluntarily giving up: if a member voluntarily gives up his membership of a political

party then he/she will be disqualified.

2. Violation of instructions can also be the ground for the defection.

3. If any independently elected member joins any political party then he/she will be
disqualified.

4. If any nominated member joins any political party after the expiry of 6 months.

In 2003, through 91st Amendment Act the anti-defection law became more effective. It stated
that there will be no more protection provided to the members during the splitting of the party
and when the legislator is disqualified then he/she will also be disqualified from executive
and ministerial post also.4

4
https://www.drishtiias.com/daily-updates/daily-news-editorials/law-of-anti-defection-law
Aaya ram, gaya ram became the universal quote for the defection politics because in 1967
Gaya Lal an MLA from Haryana changed his party three times on the same day.

The political crisis that occurred in Maharashtra has also thrown new light on the roles of
Speaker and Governor and on anti-defection law.

CONCLUSION

Anti-defection law was enacted to ensure that a party member does not violate the mandate of
party and in case he does so he will lose his membership of the house.

Election studies of 2019 5shows that more than 50% of the voters voted for the party and not
for the candidate. Isn’t this obvious to disqualify the person who not only betrays the trust of
the people mandate but also betrays the trust of the party that bestowed upon him.

American journalist Harris quoted that liberty without restriction is chaos and defection
politics is nothing but the reflection of the same. Thus, “DEFECTION POLITICS CAN
NEVER BE THE LEGITIMATE ASSERTION OF POLITICAL INDEPENDENCE”. 6

5
https://www.lokniti.org/national-election-studies
6