DEFECTIONS of elected legislators is a recurring theme in the politics of South Asia, most notably in India and Pakistan. Developed democracies such as the UK don’t legally bar defection, but despite the lack of restrictions, floor-crossing is rare. Although Pakistan and India have extensively legislated to stop legislators from defecting from the party from where they were originally elected, political parties of the region keep facing the trauma in one form or the other.

A powerful political storm hit India about two weeks ago when, despite the otherwise strict anti-defection laws, seven members — two-thirds of the total membership — of the Aam Aadmi Party in the Rajya Sabha (Upper House), dramatically ‘defected’ to the ruling BJP. The move, which has stirred continuing controversy in the Indian political landscape, is deemed perfectly constitutional by the dominant legal opinion in India and therefore does not attract anti-defection laws. Although the Rajya Sabha secretariat has blessed this defection in the guise of a merger, the AAP has challenged it in court.

At the centre of the controversy is the 10th schedule of the Indian constitution titled ‘Provisions as to disqualification on ground of defection’, which was introduced through the 52nd constitutional amendment in 1985 in a bid to stop the rampant trend of defection prevailing at the time. The provisions of the 10th schedule are more sweeping than equivalent provisions, such as Article 63-A ‘Disqualification on grounds of........

© Dawn