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Question
Which of the following statements you agree with the most? Give your reasons.
√ Legislators must be free to join any party they want.
√ Anti-defection law has contributed to the domination of the party leaders over the legislators.
√ Defection is always for selfish purposes and therefore, a legislator who wants to join another party must be disqualified from being a minister for the next two years.
Solution
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Legislators should not be free to join any party they want as this would encourage corrupt practices particularly at the time of confidence motions. While in theory, they should be free to leave the party they do not want to be with, there should be certain restrictions outlining the conditions under which they are allowed to join another party.
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It is incorrect that anti-defection law has led to domination of party leaders over legislators. The legislators are allowed to defect as long as they have the support of a minimum number of members from their own party.
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Defection may not be always for selfish purposes. However, a legislator who wishes to join another party must seek re-election from his/her constituency before being eligible for ministerial posts. A period of two years of disqualification is therefore, appropriate in this situation.
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