Anti-Defection Law – Need For Reformation

Introduction :
Political defection popularly known as
floor crossing is traceable to the British
House of Commons. In England Prominent
parliamentarians like William Gladstone2, Joseph
Chamberlin3, Winston Churchill4 and Ramsay
MC Donald5 had resorted to floor crossing.
Likewise, there are incidents of politicians
defecting from one party to another in other
democratic countries like Australia, Canada and
America. But those defections were considered
basing on ideological differences and without
any motive or personal interest of the defector.
The year 1967 has flagged off political instability
and horse-trading resulting in the formation of
coalition governments in Indian politics as the
Congress Party did not secure majority in Lok
Sabha. During the past fifty years, the disease
of floor crossing has come to stay in the Indian
politics despite the operation of anti-defection
law since 1985. Now a day’s floor crossing has
become a common sight in our country’s political
life and it is on the increase at an alarming pace.
This paper explains the anti-defection law as it
stands today, the role played by the Chairperson
/Speaker in its implementation, a few but
important judicial pronouncements on the issue
and also suggests the areas of reformation
needed in the law keeping in view our multi
party parliamentary system of democracy.