The Anti-Defection Law has received attention as a result of the political unrest in the state of Maharashtra. A number of administrations in a number of states have been toppled as a result of recent political party defections. The Tenth Schedule to the Constitution was introduced to prevent politicians from switching parties. To stop the horse trading in India, the anti-defection law was passed.

Anti Defection Law:

The anti-defection act states that MLAs who voluntarily give up their party membership after being elected on the platform of a political party are disqualified. The Supreme Court expanded the meaning of the term and concluded that a lawmaker's conduct may indicate whether they had left their party.

Independent MLAs are also obligated to follow the law. Political party participation is restricted, and if it is, those who do so run the risk of losing their seats in the assembly. The anti-defection act, however, does not apply if two-thirds or more of a political party's members defect. These MLAs have the choice of creating their own group in the legislature or affiliating with another party.

Timeline of Horse Trading in India

The origins of the expression lie in the 19th century, a period when horse traders were regarded as particularly cunning or manipulative. It describes informal negotiations that involve intense bargaining and give-and-take in contemporary British English.

Horse trading has been employed commonly for political defections in Indian context, and in this MLAs and MPs were persuaded to act contrary to expected party policies and occasionally assist rivals in forming governments. It is regarded as political corruption since it frequently involved money and the allure of power.

1967: Haryana Political Defections [Aaya Ram Gaya Ram]

Haryana conducted the first-ever Assembly elections in 1967. The first non-Congress governments in India were constituted after Mr. Gaya Lal, an independent politician, was elected as an MLA. At the time, Haryana had an 81-member legislative assembly. Gaya Lal won the assembly seat in Hassanpur.

After winning, Gaya Lal immediately joined the Indian National Congress. Gaya Lal joined the United Front alliance a short while afterwards, but things did not stop there. Gaya Lal had rejoined the Congress Party by nightfall. Gaya Lal had changed parties three times in nine hours.

Rao Birender Singh, a congressman from Chandigarh, spoke at a press conference that evening as Gaya Lal stood by his side. Gaya Ram ab Aaya Ram hai, Birender Singh said to the reporters. The media chose the term "Gaya Ram Aaya Ram" in response to Rao Birender Singh's well-known one-liner. It is still used in Indian politics today to describe leaders who frequently change sides.[1]

1978: Formation of Congress (I) Party

Long-delayed national elections were held in 1977, and Gandhi and her party were swiftly ousted from power. Gandhi's supporters left the Congress Party the following year, in 1978, and established the Congress (I) Party, with the "I" standing for "Indira."

The transition from the Congress to Congress(I) has begun. Soon after the separation, horse trading began, and it has since turned into something of a jackpot for Congress (I). There are now 76 members of Mrs. Indra Gandhi's party in the Lok Sabha and 65 in the Rajya Sabha.

15 Rajasthan MLAs have already switched parties. In Orissa, 15 more people switched allegiances two months ago. There has just been one defection in Madhya Pradesh, but more are anticipated. The road has been cleared for additional defections as a result of the "unity move" being undertaken at the moment by Maharashtra Chief Minister Vasantdrao Patil and former Bengal Chief Minister Siddhartha Shankar Ray.

Fortunately for Mrs. Gandhi, ideology is rarely the driving factor behind most defections; instead, the anticipated perks of power and immediate financial gains are taking centre stage in the defection game.[2]

She was briefly detained for government corruption later in 1978. Dissensions within the governing Janata Party in 1979 caused the government to fall. In a spectacular turnabout of its political fortunes, the Congress (I) Party, led by Indira, gained back the lower house of the Indian parliament in the new elections that were held in January 1980. Gandhi was once more prime minister and was beloved by Indians who admired her tenacious leadership. Subsequently, the charges against her were dropped in court.[3]

1979-1980: Haryana case
The Janata Party government in Haryana was established by Bhajan Lal. However, Bhajan Lal left the party in 1980 after Indira Gandhi won the Lok Sabha elections and his Haryana Janhit Congress gained six seats�exactly the number required for the Congress to form a stable government. Bhajan Lal and all of his MLAs joined the Congress Party at once. Since then, Bhajan Lal has gained widespread recognition as the originator of the 'Aaya Ram Gaya Ram' political movement in India.[4]

1985: Anti Defection Law

The anti-defection statute has typically been viewed as giving the government stability by limiting changes in party affiliation. The Rajiv Gandhi administration adopted the anti-defection statute in 1985 to combat the horse trafficking tendency. Rajiv's Congress Party had won 404 seats in the Lok Sabha, and he used this large majority to pass a Constitution Amendment Bill that included the Tenth Schedule to enact the anti-defection law, which established a procedure for the disqualification of lawmakers on grounds of defection. This was done in an effort to prevent any defections. Only if one-third of the party's lawmakers resign may an MLA or leader who transfers parties evade the anti-defection law.

If not, any MLA or MP quitting the party would be deemed ineligible and lose membership.

1993: JMM bribery case

1993 saw a poll on whether to trust P V Narasimha Rao's coalition administration. The support of Jharkhand Mukti Morcha (JMM) members and the departure of Janata Dal allowed the government to survive (Ajit). Ajit Singh, the leader of the latter, abstained. Horse trading was said to have occurred in order to influence the vote. Although PV Rao was ultimately found not guilty in 2002, the protracted case greatly increased public awareness of the practise of elected officials switching political allegiances, frequently for questionable motives.[5]

1993 saw a poll on whether to trust P V Narasimha Rao's coalition administration. The support of Jharkhand Mukti Morcha (JMM) members and the departure of Janata Dal allowed the government to survive (Ajit). Ajit Singh, the leader of the latter, abstained. Horse trading was said to have occurred in order to influence the vote. Although PV Rao was ultimately found not guilty in 2002, the protracted case greatly increased public awareness of the practise of elected officials switching political allegiances, frequently for questionable motives.

2020: Madhya Pradesh case

2020 saw significant political instability in the state of Madhya Pradesh, which culminated to the collapse of the Congress-led coalition government and the rise of the BJP. Congress became the dominant party after winning 114 seats in the 2018 Assembly elections. Congress was successful in establishing the state's administration in Madhya Pradesh thanks to the support of independent MLAs, as well as MLAs from the Bahujan Samaj Party and the Samajwadi Party.

Since the start of the administration, tensions have been evident between Kamal Nath, the chief minister, and Jyotiraditya Scindia, one of the Congress' most well-known young politicians at the time. Scindia eventually announced his resignation from Congress on March 10, 2020, when their argument grew more heated.

2022: Maharashtra Case

The BJP is accused of horse trading by the Shiv Sena. The political climate in Maharashtra has brought the anti-defection law back into the forefront. All evidence suggests that the law does not promote the stability of elected governments. Several governments have fallen in recent years as a result of defections, but the defectors have not experienced any dissuasive consequences.

There are many ways to get around the law, including the Speaker's power to deny requests for defections for the duration of the assembly's term and the beneficiary party's power to help the accumulation of defectors using resources like money and investigative agencies to reach the necessary two-thirds majority.

End-Notes:

1. https://www.indiatvnews.com/elections/haryana-assembly-polls-2019-how-haryana-gave-the-term-aaya-ram-gaya-ram-to-indian-politics-555590
2. https://www.indiatoday.in/magazine/indiascope/story/19780615-horse-trading-between-congress-and-congressi-818602-2015-01-16
3. https://www.history.com/this-day-in-history/indira-gandhi-convicted-of-election-fraud
4. https://www.indiatvnews.com/elections/haryana-assembly-polls-2019-how-haryana-gave-the-term-aaya-ram-gaya-ram-to-indian-politics-555590
5. https://www.indiatoday.in/magazine/cover-story/story/20051226-jharkhand-mukti-morcha-bribery-scandal-in-1993-corruption-got-institutionalised-in-india-786386-2005-12-26

Written By: Ritansha Lakshmi

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