Defection Vis-À-Vis Democracy: A Judicial Perspectives of Anti- Defection Law in India
Keywords:
Democracy, Anti-Defection Law, Constitutional Values, Parliamentary Democracy, Party DisciplineAbstract
Democracy, as a system of governance, fundamentally relies on
principles such as representation, stability, and accountability.
India, a parliamentary democracy, embraces the ideal of
representation “of the people, by the people, and for the people.”
In this context, defection has posed a significant challenge to the
integrity and spirit of democratic processes. Acts of defection
often undermine voters’ trust and the political stability essential
for effective governance. The phenomenon of defection has been
a persistent concern, affecting the democratic ethos by enabling
elected representatives to act contrary to their parties’
constitutions. Since independence, numerous defections have
impacted India’s political landscape. Notably, the “Aaya Ram
Gaya Ram” incident and subsequent defections after the fourth
general elections compelled Rajiv Gandhi’s government to
amend the Constitution and enact the Anti-Defection Law to
control such practices. Following this legislation, the Indian
judiciary has addressed many defection cases, including
landmark rulings such as Kihoto Hollohan (1992), Ravi S. Naik
(1994), Rajendra Singh Rana (2007), Nabam Rebia (2016), and
Keisham Meghachandra Singh (2020). Collectively, these
judgments illustrate a consistent judicial effort to balance
legislative autonomy with party discipline.
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References
1. D.D. Basu, Introduction to the Constitution of India 11 (LexisNexis, New Delhi, 24th
edn., 2019).
2. M.P. Jain, Indian Constitutional Law 1256 (LexisNexis, Gurugram, 8th edn., 2018).
3. Subhash C. Kashyap, Parliamentary Procedure: Law, Privileges, Practice and
Precedents 212 (Universal Law Publishing, New Delhi, 2014).
4. John Locke, Two Treatises of Government 287 (Cambridge University Press,
Cambridge, 1988).
5. Jean-Jacques Rousseau, The Social Contract 43 (Oxford University Press, Oxford,
1999).
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