Pre-Poll Alliance, Parties and Anti-Defection Law

0

This article is written by , Priyanka Bajpai, student of Amity Law School, Chhattisgarh.

Working alone, getting things done all by oneself is a great thing. But, sometimes, we need a support, a partner, with same common interest to get things done. We all have heard the saying, “Ek se bhale do” , and yes at certain places, it works. This is the way an alliance works. ’ Alliance ‘ means, a union or association formed for mutual benefit, especially between organisations and countries, and in case of politics, its between parties with common interests and benefits. Terms like pre-poll alliance, post-poll alliance have been discussed.

What is Pre-Poll Alliance?

Elections are being conducted, and different political parties are part of it. Certain parties with common view and common benefits sometimes come together as an alliance. An alliance made by parties before the commencement of elections or polls, is known as Pre-Poll Alliance.

Example of one such alliance is National Democratic Alliance , which comprises of parties like, BJP,LIP,APNA DAL, RLSP etc.

Pre-Poll Alliance in Indian Assembly Elections work greatly if done with correct party and done for the betterment of citizens.  

The participating pre poll alliance parties will get with each other so that, even if the parties secure less than the highest number of seats secured by any party, this group will be called in to form the government if they have majority of seats, because of pre poll alliance . In this pre-poll alliance intra party rivalry will be lesser.
One more advantage of the pre-poll alliance is that the supporters of the alliance partners caste the vote to the alliance candidates. Thereby they get more number of seats.

Recently, in Maharashtra Elections, BJP could not have a pre-poll alliance with Shiv Sena during assembly elections. But after the elections they had post-poll alliance.
Similarly, there is a thing called, post-poll alliance. In this case, if elections are conducted and there is a situation of hung assembly i.e. no party or alliance gets the majority then the parties can form alliance after the declaration of election results, like Congress and JDS in Karnataka.

When does the Anti-Defection Law kicks in?

Many a times people change their preferences. They choose anything else leaving behind what they had. Even member of the political parties have the right to do so. But using it maliciously is not what they are allowed to do. Here comes the Anti-Defection Law.

Also Read:  Relaxation to companies for holding AGM due to Covid-19

In ‘Rajendra Singh Rana vs Swami Prasad Maurya’ , the Supreme Court has held that it is the point of occurrence of the event leading to disqualification of which is crucial for determining the point of disqualification. However , it is necessary to determine the point at which a successful candidate becomes a ‘member’ because it is from this point only that his actions can amount to Defection.
Defection means desertion from one party from another i.e. moving from one party, they supported during the time of elections to another. This movement can be genuine but it can also be a part of corruption. And to stop this, Anti-Defection Law exists.

Here is when the anti-Defection law arrives. The Anti-Defection Law, also known as the Tenth Schedule to the Indian Constitution, was enacted to address the perceived problem of instability caused by democratically elected legislators in India’s Federal System of government shifting allegiance from the party they supported to the opposite one or disobeying there party’s decisions at critical times.
Before any such law was brought, members constantly changed their parties and this led to huge amount of corruption. Parties faced constant betrayal by their members . This law was sought to limit such frequent defections in India.

Primary intentions of law were:
• to curb political corruption
• to strengthen democracy by ensuring stability
• to make members of Parliament more responsible and loyal.
The law suggested disqualification of members for defection.

Conclusion

India is a democratic country and is under the rule of Democracy. There are multiple parties in the elections and the best one wins. That never means the rest parties that lost were not good. Pre-Poll Alliance gives such parties an option to form a government and to serve as a ruling party. Similarly, members changing parties from one to another is also a good option for members under democracy unless this leads to corruption or the sole reason for changing the party is corruption. Law has solutions for all. By having the Anti-Defection Law, the corruption and constant moving of members from one party to another can be stopped and observed and the one causing the chaos will be punished. Elections are done for the good and for keeping things fare. And options like Pre-Poll Alliance and the laws like Anti-Defection Law makes things clear.




Subscribe to Latest Posts !

Subscribe For Latest Updates

Signup for our newsletter and get notified when we publish new articles for free!