An Analysis Report: How Does India’s Anti-Defection Law Work, its Shortcomings & Case Study
In India, there has been a long history of defections where Leaders of one political party defect to another by ditching the party through they got Name, Fame, Mandate & Identity, or, in many cases, the majority of the Elected Lawmakers defect from their party to another, shake up the power corridors and shock the people who elected them being a particular party candidate.
In the latest defection events, the Indians have witnessed the fall of the Maha Vikas Aghadi Government (Maharashtra’s ruling coalition of Shiv Sena – NCP – Congress) following the revolt by Shiv Sena Leader Eknath Shinde along with 40 Shiv Sena MLAs moved to BJP and formed the Government with BJP. And the most recent one, where Ajit Pawar led a rebellion against his party NCP led by Sharad Pawar by taking the Dy. CM oath with 8 other NCP MLAs as Ministers in the BJP – Eknath Shinde’s Shiv Sena-led Maharashtra Coalition Government.
In recent history, India’s electoral politics has witnessed many defections across the States, leading to the fall of many State Governments. For instance:
In 2016, the 2-year-old Congress government in India’s North-Eastern State of Arunachal Pradesh fell apart when Chief Minister Pema Khandu left the Congress party with a group of rebels and joined hands with the BJP.
Congress-JD(S) Government led by Kumaraswamy in 2018 was brought down by the BJP, attracting the defections of over 17 Congress MLAs. However, The Congress-JD(S) government itself was a patchwork of post-elections alliance to keep the BJP out of power, which had emerged as the single largest party with 104 winning MLAs in the 224 MLAs House in the 2018 Karnataka Assembly Elections.
In March 2020, 22 Congress Lawmakers loyal to erstwhile Congress Stalwart Leader Jyotiraditya Scindia resigned in Madhya Pradesh. They joined the BJP, which led to the fall of the Kamalnath-led Congress government in Madhya Pradesh within 13 months of coming into power. Later, 3 more MLAs resigned in 4 months. All 25 MLAs contested by-polls due to disqualifications, in which 18 managed to re-win their seats, and Shivraj Singh Chauhan became the Chief Minister of Madhya Pradesh for the 4th time.
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