Government proposes to reexamine anti-defection act

The government proposes to reexamine the Anti-Defection Act following complaints that speakers were partisan in giving their judgments.

A background paper of the law ministry on electoral reforms mentions defection as a "malice" of Indian political life.

The law ministry has sought response from experts, people and state governments on the recommendation of the Election Commission that the issue of disqualification on grounds of defection should be decided by the president/governor concerned under the advice of the Election Commission, instead of relying on the objectivity of the decision from the speaker.

The Anti-Defection provisions of the Tenth Schedule of the Constitution, enacted in 1985, fixed a certain number above which group defections were permitted.

The National Committee to Review the Working of the Constitution noted that although individual defections became rare after this, group defection were "permitted, promoted and amply rewarded."

The 91st Amendment to the Constitution, 2003, changed this by making it mandatory for defectors to resign their positions regardless of whether they defected as an individual or as part of a group.

Currently, the issue of disqualification of members of Parliament or a State Legislature is decided by the speaker or chairman of the concerned House, the paper said.