The Anti-Defection Law has received attention as a result of the political
unrest in the state of Maharashtra. A number of administrations in a number of
states have been toppled as a result of recent political party defections. The
Tenth Schedule to the Constitution was introduced to prevent politicians from
switching parties. To stop the horse trading in India, the anti-defection law
was passed.
Anti Defection Law:
The anti-defection act states that MLAs who
voluntarily give up their party
membership after being elected on the platform of a political party are
disqualified. The Supreme Court expanded the meaning of the term and concluded
that a lawmaker's conduct may indicate whether they had left their party.
Independent MLAs are also obligated to follow the law. Political party
participation is restricted, and if it is, those who do so run the risk of
losing their seats in the assembly. The anti-defection act, however, does not
apply if two-thirds or more of a political party's members defect. These MLAs
have the choice of creating their own group in the legislature or affiliating
with another party.
Timeline of Horse Trading in India
The origins of the expression lie in the 19th century, a period when horse
traders were regarded as particularly cunning or manipulative. It describes
informal negotiations that involve intense bargaining and give-and-take in
contemporary British English.
Horse trading has been employed commonly for political defections in Indian
context, and in this MLAs and MPs were persuaded to act contrary to expected
party policies and occasionally assist rivals in forming governments. It is
regarded as political corruption since it frequently involved money and the
allure of power.
1967: Haryana Political Defections [Aaya Ram Gaya Ram]
Haryana conducted the first-ever Assembly elections in 1967. The first
non-Congress governments in India were constituted after Mr. Gaya Lal, an
independent politician, was elected as an MLA. At the time, Haryana had an
81-member legislative assembly. Gaya Lal won the assembly seat in Hassanpur.
After winning, Gaya Lal immediately joined the Indian National Congress. Gaya
Lal joined the United Front alliance a short while afterwards, but things did
not stop there. Gaya Lal had rejoined the Congress Party by nightfall. Gaya Lal
had changed parties three times in nine hours.
Rao Birender Singh, a congressman from Chandigarh, spoke at a press conference
that evening as Gaya Lal stood by his side. Gaya Ram ab Aaya Ram hai, Birender
Singh said to the reporters. The media chose the term "Gaya Ram Aaya Ram" in
response to Rao Birender Singh's well-known one-liner. It is still used in
Indian politics today to describe leaders who frequently change sides.[1]
1978: Formation of Congress (I) Party
Long-delayed national elections were held in 1977, and Gandhi and her party were
swiftly ousted from power. Gandhi's supporters left the Congress Party the
following year, in 1978, and established the Congress (I) Party, with the "I"
standing for "Indira."
The transition from the Congress to Congress(I) has begun. Soon after the
separation, horse trading began, and it has since turned into something of a
jackpot for Congress (I). There are now 76 members of Mrs. Indra Gandhi's party
in the Lok Sabha and 65 in the Rajya Sabha.
15 Rajasthan MLAs have already switched parties. In Orissa, 15 more people
switched allegiances two months ago. There has just been one defection in Madhya
Pradesh, but more are anticipated. The road has been cleared for additional
defections as a result of the "unity move" being undertaken at the moment by
Maharashtra Chief Minister Vasantdrao Patil and former Bengal Chief Minister
Siddhartha Shankar Ray.
Fortunately for Mrs. Gandhi, ideology is rarely the driving factor behind most
defections; instead, the anticipated perks of power and immediate financial
gains are taking centre stage in the defection game.[2]
She was briefly detained for government corruption later in 1978. Dissensions
within the governing Janata Party in 1979 caused the government to fall. In a
spectacular turnabout of its political fortunes, the Congress (I) Party, led by
Indira, gained back the lower house of the Indian parliament in the new
elections that were held in January 1980. Gandhi was once more prime minister
and was beloved by Indians who admired her tenacious leadership. Subsequently,
the charges against her were dropped in court.[3]
1979-1980: Haryana case
The Janata Party government in Haryana was established by Bhajan Lal. However,
Bhajan Lal left the party in 1980 after Indira Gandhi won the Lok Sabha
elections and his Haryana Janhit Congress gained six seats�exactly the number
required for the Congress to form a stable government. Bhajan Lal and all of his
MLAs joined the Congress Party at once. Since then, Bhajan Lal has gained
widespread recognition as the originator of the 'Aaya Ram Gaya Ram' political
movement in India.[4]
1985: Anti Defection Law
The anti-defection statute has typically been viewed as giving the government
stability by limiting changes in party affiliation. The Rajiv Gandhi
administration adopted the anti-defection statute in 1985 to combat the horse
trafficking tendency. Rajiv's Congress Party had won 404 seats in the Lok Sabha,
and he used this large majority to pass a Constitution Amendment Bill that
included the Tenth Schedule to enact the anti-defection law, which established a
procedure for the disqualification of lawmakers on grounds of defection. This
was done in an effort to prevent any defections. Only if one-third of the
party's lawmakers resign may an MLA or leader who transfers parties evade the
anti-defection law.
If not, any MLA or MP quitting the party would be deemed ineligible and lose
membership.
1993: JMM bribery case
1993 saw a poll on whether to trust P V Narasimha Rao's coalition
administration. The support of Jharkhand Mukti Morcha (JMM) members and the
departure of Janata Dal allowed the government to survive (Ajit). Ajit Singh,
the leader of the latter, abstained. Horse trading was said to have occurred in
order to influence the vote. Although PV Rao was ultimately found not guilty in
2002, the protracted case greatly increased public awareness of the practise of
elected officials switching political allegiances, frequently for questionable
motives.[5]
1993 saw a poll on whether to trust P V Narasimha Rao's coalition
administration. The support of Jharkhand Mukti Morcha (JMM) members and the
departure of Janata Dal allowed the government to survive (Ajit). Ajit Singh,
the leader of the latter, abstained. Horse trading was said to have occurred in
order to influence the vote. Although PV Rao was ultimately found not guilty in
2002, the protracted case greatly increased public awareness of the practise of
elected officials switching political allegiances, frequently for questionable
motives.
2020: Madhya Pradesh case
2020 saw significant political instability in the state of Madhya Pradesh, which
culminated to the collapse of the Congress-led coalition government and the rise
of the BJP. Congress became the dominant party after winning 114 seats in the
2018 Assembly elections. Congress was successful in establishing the state's
administration in Madhya Pradesh thanks to the support of independent MLAs, as
well as MLAs from the Bahujan Samaj Party and the Samajwadi Party.
Since the start of the administration, tensions have been evident between Kamal
Nath, the chief minister, and Jyotiraditya Scindia, one of the Congress' most
well-known young politicians at the time. Scindia eventually announced his
resignation from Congress on March 10, 2020, when their argument grew more
heated.
2022: Maharashtra Case
The BJP is accused of horse trading by the Shiv Sena. The political climate in
Maharashtra has brought the anti-defection law back into the forefront. All
evidence suggests that the law does not promote the stability of elected
governments. Several governments have fallen in recent years as a result of
defections, but the defectors have not experienced any dissuasive consequences.
There are many ways to get around the law, including the Speaker's power to deny
requests for defections for the duration of the assembly's term and the
beneficiary party's power to help the accumulation of defectors using resources
like money and investigative agencies to reach the necessary two-thirds
majority.
End-Notes:
-
https://www.indiatvnews.com/elections/haryana-assembly-polls-2019-how-haryana-gave-the-term-aaya-ram-gaya-ram-to-indian-politics-555590
- https://www.indiatoday.in/magazine/indiascope/story/19780615-horse-trading-between-congress-and-congressi-818602-2015-01-16
- https://www.history.com/this-day-in-history/indira-gandhi-convicted-of-election-fraud
-
https://www.indiatvnews.com/elections/haryana-assembly-polls-2019-how-haryana-gave-the-term-aaya-ram-gaya-ram-to-indian-politics-555590
- https://www.indiatoday.in/magazine/cover-story/story/20051226-jharkhand-mukti-morcha-bribery-scandal-in-1993-corruption-got-institutionalised-in-india-786386-2005-12-26
Written By: Ritansha Lakshmi
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