International Aspect Of Anti-Defection Law
- Indian Journal of Law and Legal Research
- Mar 6
- 1 min read
Abhay Kumar, Ph.D. Research Scholar, Chanakya National Law University, Patna
ABSTRACT
Democracy, as one of the most efficient forms of governance, relies heavily on political parties to channel public opinion and facilitate policymaking. While party systems—whether bi-party as in the United States and Great Britain or multi-party as in India and France—serve as essential institutions, they also give rise to the issue of political defection. Defection, often associated with political bargaining, opportunism, and instability, has been a persistent concern in many democratic nations. In established democracies, ethical standards, political culture, and constitutional conventions have limited the need for legal deterrence against defections. However, in nascent democracies, the phenomenon threatens government stability, leading to legislative interventions.
Globally, nations have adopted different approaches to managing defections. While mature democracies have historically allowed party-switching without legal repercussions, countries like India, Kenya, Sri Lanka, and Pakistan have enacted anti-defection laws to prevent political instability. The practice of defection—variously termed as "floor-crossing," "party- hopping," or "waka-jumping"—has been observed in the United Kingdom, Canada, Australia, and the United States, often influencing political landscapes. However, these countries have largely refrained from legal prohibitions, relying instead on political norms and public accountability.
This study explores the international dimensions of anti-defection laws, tracing their historical evolution and comparative application across different political systems. It examines whether such laws strengthen democracy by ensuring party discipline or undermine it by restricting legislative independence. By analyzing the experiences of various nations, this research provides insights into the necessity, effectiveness, and consequences of anti- defection laws in maintaining political stability and democratic integrity worldwide.
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