Why in news?
The Vice president has said that it is time to revisit the anti-defection law because now it promotes defections in bulk.
What is anti-defection?
· Anti-defection is switching over parties by elected representatives leaving the party on whose ticket they won the elections.
· This provision of anti-defection was added via the 52nd amendment act 1985 by adding Xth schedule in the constitution.
· 10th Schedule of the Constitution is also known as the Anti-Defection Act.
The problem in Anti-Defection Act (52ndAmendment)
· Anti-Defection Act which was passed in 1985, allowed the splitting of 1/3 rd members of a party to float a new party or to merge in another party and this was escaping the wrath of the law.
· Also members disqualified under anti-defection still took up ministries for 6 months expecting to be re-elected soon. (The constitution allows a non-member of a house to become a minister for 6 months within which he/she must become a member of the house.)
Solution of the problem: 91 amendment
- In 1992 Supreme court in Kihota Hollohan vs Zachilhucase observed the loopholes in anti-defection law and said that the decision of the presiding officer is not beyond judicial review.
- In 2003, the 91st amendment put an upper limit to the number of ministries a state/centre can have. Also, the amendment disallowed floating new parties after splitting. Only mergers would be recognized and that too with 2/3rd members.
What is still needed to be done?
· The anti-defection law still needs fine-tuning because it has promoted defections in bulk.
· In recent times the decisions of the presiding officers were suspicious. For eg. Lack of action on a member who defected to the ruling party, keeping the resignation of a member pending indefinitely and not deciding on complaints of the opposition.
· The various recommendations of Justice Venkat Chellaiah Commission must be implemented.
