Anti-defection law explained: Why it’s back in the limelight and what Kapil Sibal suggested? | Today’s news
The Cockroach Janta Party (CJP) has backed senior advocate and former Union Law Minister Kapil Sibal’s proposal to impose a ban on MPs and MLAs who quit their political parties. CJP national convener Abhijeet Dipke termed the proposal as the “need of the day”.
Speaking on “Horse Trading and Democracy” in Kochi, Kerala recently, Sibal called for changes to the Tenth Schedule of the Constitution so that party mergers do not act as “loopholes for mass exodus”.
Read also | 20 rebel TMC MPs get Lok Sabha notices over anti-defection pleas
Sibal pointed out that under current laws, defection does not lead to disqualification if two-thirds of the members of the legislature defect to another party and consider it a merger.
Sibal stressed the need to amend the Tenth Plan to close this “loophole” and ensure that “the merger is a merger of political parties and not a collective exit of legislators”.
Sibal, an independent member of the Rajya Sabha, proposed repealing the Tenth Schedule of the Constitution and replacing it with a provision that would disqualify any legislator who switches parties mid-term from holding public office or any constitutional office for 10 years. Sibal also argued that resignation or merger should not provide an exemption from such disqualification.
Saurav Das, co-convenor of the CJP, supported the proposal, pointing out that it was in line with their first demand charter.
“Senior advocate Kapil Sibal’s proposal to ban any MP and MLA who gets elected on the symbol of party X and later switches to party Y for money or under pressure should be welcomed. He is asking for a 10-year ban,” he said.
Kapil Sibal served as the Union Minister for Law and Justice from May 2013 to May 2014 under the United Progressive Alliance (UPA) government.
Das added that Clause 5 of the CJP’s first charter of demands, issued by Abhijeet Dipke, proposed even stricter measures: banning individuals from holding any public office or contesting elections for 20 years.
“Breaking up political parties, bribing MPs with 50-100 million crowns, overthrowing governments is a fraud committed on earth. Such a fraud should never happen. The anti-escape law is outdated. The ruling party has ensured its abuse in its desire for eternal power. The youth will change it,” he said.
The CJP’s proposed 20-year ban goes beyond Sibal’s proposed 10-year disqualification and seeks to prevent defectors from contesting elections and holding public office for a significantly longer period.
Dipke reiterated the demand as “the need of the hour” and said in a post on X: “Any elected representative who switches parties after being elected should be barred from holding public office.”
Why is defection back in the spotlight?
Defection has been in the spotlight many times before. And this time, the issue has again gained attention amid the ongoing split in the Trinamool Congress in the Lok Sabha and West Bengal.
In the Lok Sabha, 20 of the 28 TMC MPs announced they were quitting the party to join the Nationalist Citizens Party of India (NCPI), extending support to the BJP-led NDA.
This situation brought the anti-dilution law and its two-thirds merger provision into sharper focus.
What is the case from West Bengal?
In West Bengal, the Ritabrata Banerjee-led faction is seeking recognition as the TMC, betting on the party’s name, organizational control, assets and electoral symbol. The faction claimed the support of the majority of the newly elected ML party
Read also | Kapil Sibal Announces ₹1 Cr Aid, Website Connects Lawyers With CJP Protesters
The Election Commission has begun judging the competing claims of the Ritabrata and Mamata Banerjee factions.
The development has focused attention on a provision of the Tenth Schedule that protects legislators from disqualification when two-thirds of the legislature is deemed to have joined hands with another political party.
The TMC development follows the decision of seven Aam Aadmi Party Rajya Sabha MPs to join the BJP earlier this year, with the group also invoking the two-thirds merger provision.
The issue also reflects previous splits in the Shiv Sena and the Nationalist Congress Party in Maharashtra.
In 2022, Eknath Shinde led the majority of Shiv Sena MLAs away from Uddhav Thackeray, leading to a change in government, while in 2023, Ajit Pawar split the NCP and joined a BJP-led government with a group of party legislators.
What is anti-escape law?
The Tenth Plan Constitutionpopularly known as Law against running awaylays down the procedure by which Members of Parliament and State Legislatures (MLAs/MLCs) may be disqualified from serving on the grounds of defection to another political party.
An elected member may be expelled from the House by law if:
1-Members voluntarily renounce their membership in the political party for which they were elected.
2- If a legislator votes or abstains from voting in the House of Representatives in violation of a written order (whip) issued by his party and the party does not pardon him within 15 days
Exceptions: Defection does not apply when a political party merges with another party if at least two-thirds of the legislators in the legislature vote for the merger.
Read also | 20 rebel TMC MPs get Lok Sabha notices over anti-defection pleas
In the current case of the TMC, the consent of two-thirds of the MPs will come into consideration only after the merger of the entire party, i.e. the TMC and not just the TMC bloc, according to experts. Thus, the rebel MPs cannot take any independent action under the law unless their party, the TMC, merges with another party, they said.
What do the experts say?
Under the anti-defection law, it is not enough for two-thirds of MPs to say they want to form a separate block or to side with the NDA, experts said, adding that just two-thirds of Lok Sabha MPs seeking a separate block may not mean a merger and will not protect them from disqualification.
“They can’t do it because 20 MPs out of 28 have left the party and switched. They can be disqualified under the Tenth Schedule,” former Lok Sabha general secretary PDT Achary told Mint earlier.
Breaking up political parties, bribing MPs with 50-100 million crowns, overthrowing governments is a fraud committed on earth. This kind of fraud should never happen.
“The law will treat them as defectors if there is no merger,” he said.
