DNA Explainer: What happens to defectors in other countries?

In the last few years, in several states across the country, bringing down power through defection has become a common norm. Only recently, in the high voltage political drama that took place in Maharashtra, two-thirds of the MLAs of the ruling Shiv Sena broke down and overnight formed the government by toppling Uddhav Thackeray led Maha Vikas Aghadi. 

Now, there is a big break in the 11-member legislature party in Goa. Whether it is Karnataka or Madhya Pradesh or Goa or Maharashtra, the defection by MLAs who have won elections on the symbol of one party is a big blow to the aspirations of democracy in the true sense.

Read | DNA Explainer: What's anti-defection law and how Eknath Shinde could well evade it

Laws on defection were made till a few decades ago. But after that, the extent of defection that has taken place in the last decade, has torn apart the fact that those leaders whom the people have chosen as their representatives, started defecting after winning. But in other countries, particularly in Europe, the constitution is very strict in this matter. Party switchers lose their qualifications immediately

What law says in Europe?

There are strict laws in all the countries of Europe that if a member changes party, then their membership of Parliament is terminated. It is believed that the person has violated the laws of the country.

Immediate resignation in Bangladesh

In Bangladesh, Kenya, South Africa and many other countries, no public representative can do defection. The law doesn't even allow it. Article 70 of the Bangladesh Constitution states that if a public representative votes against his party in the House or changes the party, he must resign from membership.

Seat has to be vacated in Kenya

In Kenya, Section 40 of their Constitution states that if a member leaves his party, he must vacate his seat. Speaker will decide this and the member can appeal against it in the High Court.

Impossible to change party in Singapore

According to Article 46 of the Constitution of Singapore, if a member leaves the party or is removed by the party, he must also vacate his seat. Parliament will decide the disqualification of any such member.

Membership of the House ends in South Africa

This is explained in Section 47 of the Constitution of South Africa. According to it, if a member leaves his party, then his membership will automatically end.

Flexible rules in UK and Canada

In Britain and Canada, the rules are flexible, but there is generally no opportunistic defection to form or topple governments. There the defection is called crossing the line. In Britain and Canada, the ruling party and the opposition sit separately. There, if a member crosses his floor and sits on the other side, then it is considered as a change of party.

In Britain, the ruling party sits on the left side of the parliament and the opposition on the right. Defection rules in the UK are flexible. Usually no action is taken on this. On changing the party, neither the membership is lost nor the seat has to be vacated and contested again.

Although this is rare in Britain and Canada, but it has happened many times in the last few years, but no public representative has ever been seen changing the party in the greed of money or position.