New Delhi, Dec 9 (IANS) Does the anti-defection law, which was legislated to deter rampant floor-crossing in parliament, curtail freedom of MPs who feel powerless and “stifled” to express their views freely in parliament?
Many MPs may think so, and have expressed the need to take a relook at a law that was enacted in 1985 to check the aya-ram-gaya-ram syndrome - so called because of the phenomenon of MPs crossing the floor repeatedly to switch party affiliation lured by the prospect of office or other blandishments.

“Wholesale defection is allowed but retail is not,” Shahid Siddiqui, former MP and Bahujan Samaj Party (BSP) general secretary, said at the Conference on Effective Legislatures organised at the Taj Mahal Hotel Wednesday by PRS Legislative Reserach.

“Political parties in India are undemocratic and have turned into feudal parties being controlled by individuals or group of individuals. Party bosses who are not even in parliament decide what stand an MP should take or not (in parliament),” Siddiqui rued, as he strongly recommended a relook at the legislation.

The legislation, which was the 52nd amendment to the constitution, made legislators liable to for suspension if they did not always vote according to their party whip-unless one-third of a party’s bench strength defected and formed a new party.

“Voice of legislator is stifled and if they chose to speak their conscience against their party will, they face a whip,” Siddiqui said, adding “parties should be punished when they deflect from their poll manifesto in the name of common minimum programme in case of a coalition government”.

He made a case for lawmkers being allowed to vote according to their conscience or the compulsions of their constituency, with the whip only applying for no-confidence motions and money bills.

The speakers, who included Congress MP and Supreme Court advocate E.M.S. Natchiappan, former chief justice Y.K. Sabharwal and veteran journalist B.G. Verghese, agreed that the law stifles parliament debate as legislators cannot afford to dissent, without risking disqualification from the house.

Siddiqui, also a journalist, had to quit as Samajwadi Party (SP) MP last year after he crossed over to the BSP over the India-US civil nuclear deal. The SP was initially opposing the pact but later supported the Manmmohan Singh government in the confidence vote.

“We need this law but legislators should have more say given the undemocratic functioning of political parties,” he said.

Verghese said most of intra-party defections are “based on convenience and not conviction”.

“Political parties also dilute their manifestos… Coalition (government) is the marriage of convenience,” said Verghese and advocated amendment to the law.

Natchiappan said an MP who gets elected after a particular party fields him owes allegiance to that party.

“He/she should abide by the laws of the party. The member has to face disqualification if he/she decides to join some other party or votes against his party,” Natchiappan said while admitting that the “problems” in the law can be solved through “democratic process in political parties”.