The Anti-defection Law (52nd Amendment Act, 1985) was introduced to combat political defections that were undermining democratic stability. However, its implementation has raised concerns about the balance between political stability and representative democracy.

Arguments Supporting the Statement

• Restricts Parliamentary Democracy:

• • MPs/MLAs cannot vote against party lines even on non-confidence motions, limiting their ability to represent constituent interests.
  • The Kihoto Hollohan case (1992) highlighted the tension between party discipline and parliamentary freedom.

• Weakens Legislative Oversight:

• • Members cannot criticize party policies without risking disqualification.
  • Reduces the legislature’s ability to hold the executive accountable through constructive criticism.

• Speaker’s Discretionary Powers:

• • The Supreme Court’s May 2023 judgment reaffirmed Speaker’s authority in defection cases, but concerns remain about partisan decisions.
  • The October 2023 intervention by SC in Maharashtra Speaker’s case highlights the problem of delayed decisions.

Counter Arguments

• Ensures Political Stability:

• • Prevents opportunistic party-switching and maintains government stability.
  • Strengthens party system and collective responsibility in parliamentary democracy.

• Promotes Party Discipline:

• • Ensures cohesive voting on crucial legislative matters.
  • Prevents horse-trading and money power in politics.

Way Forward

• Suggested Reforms:

• • Limiting anti-defection law to confidence/no-confidence motions.
  • Time-bound decisions by Speaker (as emphasized by SC in recent judgments).
  • Independent tribunal for adjudication of defection cases.
  • Allowing free voting on matters not affecting government stability.

The anti-defection law needs reform to strike a balance between political stability and representative democracy. Following international best practices like UK’s Parliamentary Standards Act and incorporating recommendations of various parliamentary committees can help achieve this balance while preserving democratic principles.