Context: The recent developments in the Maharashtra Assembly have once again brought attention to the Tenth Schedule, or the Anti-Defection Law, enacted in 1985. The law aimed to curb the destabilizing impact of legislators defecting from their parent parties, leading to political turmoil.

Ambiguities Post Amendment

• The deletion of para 3 in 2003, which allowed one-third of members to split without facing disqualification, has given rise to challenges. Instances of two-thirds of members practically defecting while claiming to be the original political party have created loopholes in the application of the law.

Recent Case of Maharashtra Assembly

• In Maharashtra, a faction led by Eknath Shinde claimed to be the legitimate Shiv Sena, challenging the Uddhav Balasaheb Thackeray (UBT) group. The Speaker’s recognition of the Shinde faction as the real Shiv Sena, and subsequent refusal to disqualify its members, has raised questions about the neutrality of such decisions.

Reforms Needed

• To address the complexities and ambiguities, substantial reforms are necessary.

• The Supreme Court’s three-test formula, considering party aims, adherence to the constitution reflecting inner-party democracy, and majority in legislative and organizational wings, should be rigorously implemented.

• Given concerns about the Speaker’s neutrality, there is a growing consensus for transferring the authority to decide on disqualifications to an independent tribunal. 

• The Supreme Court’s recommendation in K. M. Singh versus Speaker of Manipur (2020) emphasizes the need for an impartial body to handle such matters.

• Fundamental reform requires the institutionalization of internal democracy within political parties. 

• Regular inner-party elections, monitored by the Election Commission, would bring transparency and accountability, addressing the root causes of defections.

Conclusion

• As India grapples with the challenges posed by political defections, a comprehensive overhaul of the Anti-Defection Law is essential. The focus should be on strengthening democratic principles within political parties and ensuring impartial adjudication in cases of defection.

• The recent challenges in the Maharashtra Assembly have emphasized the need for substantial reforms in the Anti-Defection Law. It calls for measures such as implementing the Supreme Court’s three-test formula and transferring disqualification authority to an independent tribunal to enhance democratic principles and impartial decision-making.