An Integrated Approach to Resolve the Crisis of Defection in India

Abstract

The anti-defection law in India is in shambles. It has failed to keep up the expectations of the electorate. The political dramas in the recent assembly election in Maharashtra, Karnataka, Goa and Madhya Pradesh amplify this claim. The fractured verdicts in these elections and otherwise also makes the coalition inevitable. Unless this political reality is reflected in the anti-defection law the crisis of defection can’t be resolved. Therefore, the central issue which this paper address is whether the expression political party can be interpreted to include coalitions. The paper answers the issue in affirmative but, as a precursor to it advises certain other legal and other structural changes in the Indian polity. It has been contended that an integrated approach is needed to be taken which not just ensures the stability of the government but, also upholds the democratic spirit of the parliamentary democracy. It is suggested that it can be achieved by resolving the crisis of governability, strengthening the legal regime, bringing internal democracy in political parties and evolving the coalition dharma.