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There is no such law in Europe, America or any other reputable democracy. It was created in New Zealand but was quickly removed there too. Then studies in Poland, the Czech Republic, Estonia, Lithuania, and Latvia found that allowing MPs to switch parties actually improved and stabilized the party systems there.
The South African experience is also similar. It was found everywhere that due to the independence of MPs, parties have the habit of conducting their policies and activities smoothly. In the few countries that have anti-defection laws, no significant achievements have been made. India's experience is that this only increases the power of the managers of the ruling parties. They have complete control over MPs and MLAs which makes parties more important than public representatives.
A select few people at the top of the ruling parties impose their will on the public representatives and take decisions arbitrarily. The anti-defection law is also against the spirit of the Constitution. Crop quails are found in every political party. The feeling of democracy comes from such tendencies
Goes to Valundhari.
Values or decency are given importance in European countries. In fact, that is why parliamentarians in European countries have freedom of thought or action. They are not restricted by parties as Parliament is the supreme law making body. If its member's hands and mouth remain tied, he will be at the mercy of political party leaders in Parliament. It is also not hidden from anyone that many MPs and MLAs come and go to this or that party only because of the triumvirate of party leaders.
Like a railway junction, some are climbing and some are descending. Usually there are allegations of horse-trading. Scenes of MLAs being loaded into buses and taken hostage are very common. The anti-defection law is not only meaningless, but it has also increased the tendency to tarnish the character of leaders. If MPs and MLAs had party-based independence, restraint, decorum and morality would have been more important. This is the experience of Europe, America, Australia, Japan etc. After all, riots do not occur in democratic countries like England, France, Germany, Japan, because there is no such law there. Even though the number of members of the ruling party in the US Parliament is two-three less than that of the opposition party, there are no incidents of increasing the status of the ruling party by changing parties. The anti-defection law is also unprincipled. After all, when two-thirds of a party's MPs/MLAs leave, why is it illegal?
That is why after the wholesale defection, mistakes have started being made in the decisions of the 'real party' and in its claims about the election symbol. Sometimes they use the number of MLAs as the basis and sometimes they talk about the organization. Whereas in cases of division between party MLAs or MPs, the issue of real or fake is meaningless.
According to the Constitution, the matter of counting is the responsibility of the Legislature. Counting of votes in the House plays a role in forming the government, passing laws or resolutions. It is illogical to determine the legitimacy of a political party by the number of its MPs/MLAs. That is why the decisions of the courts and the Election Commission have been contradictory to each other. This situation demands attention. It is almost impossible to prevent defection by law. Character or morality can never be ensured by making laws. Only when there is morality and character, good law is made. It is an illusion that making strict laws will stop defection because it is the law makers who cause defection.
The root of the disease lies somewhere else. Political parties are not government bodies. These are voluntary organizations like other social, business organizations. This has nothing to do with the government and the Constitution. Therefore, instead of giving special importance to parties, they should be made normal and accountable like other organizations.
What has gone wrong is that over time our political parties have acquired undue importance and have become instruments of government whereas the Constitution did not pay any attention to political parties. Just as one is free to leave one company and work for another, the same should be the case with parties and their members. After all, common voters also cast their votes for others instead of this party from time to time. An MP and MLA also have the same right. The Constitution did not ban this. Stop this by making laws empowering only ruling party managers who rein in their MLAs and disinherit MLAs from other parties.
In such a situation, this law not only gives undue power to meaningless and invisible party managers but also hinders the independent thinking and functioning rights of MLAs and MPs. That is why there is no such law in an old mature democracy because it is compatible with human freedom and dignity. Our Parliament, Election Commission and Supreme Court should end the privileges of political parties in the country by evaluating the ideal conduct of reputed democracies.
The anarchy of the party and the government should stop. Parties, like other social institutions, should be held publicly accountable for their income and expenditure. Only then will the attraction of suspicious, greedy and incompetent people towards parties reduce. Only when political parties are made accountable like other social institutions, will the fear of unfair elements taking advantage of the state be reduced.
Then many of the evils created till now due to exemption from various laws and many other special rights given to the parties will automatically be reduced. The main focus should be on this point. This will also be a judicial and constitutional conference.
