In the late 1960s and 70s, defections (elected legislators changing parties after the election) in Parliament and State Legislatures became very frequent, so frequent in fact, that the epithet "Aaya Ram Gaya Ram" was coined to describe the same. To curb this problem which created instability in our legislatures, Parliament amended the Constitution. They inserted the Tenth Schedule to the Constitution "to curb the evil of political defections". As a result, we currently have an anti-defection law with the following features: 1. If an MP/MLA who belongs to a political party voluntarily resigns from his party or, disobeys the party "whip" (a direction given by the party to all MPs/ MLAs to vote in a certain manner), he is disqualified. The party may however condone the MP/ MLA within 15 days. 2. An independent MP/ MLA cannot join a political party after the election. 3. An MP/ MLA who is nominated (to the Rajya Sabha or upper houses in state legislatures) can only join a party within 6 months of his election. 4. Mergers of well-defined groups of individuals or political parties are exempted from disqualification if certain conditions are met. 5. The decision to disqualify is taken by the Speaker/ Chairman of the House. The table below summarizes provisions of anti-defection law in some other countries. (For more, click here). As one may note, a number of developed countries do not have any law to regulate defection.
Regulation of defection in some countries |
|||
| Country | Experi-ence | Law on defection | The Law on Defection |
| Bangladesh | Yes | Yes | The Constitution says a member shall vacate his seat if he resigns from or votes against the directions given by his party. The dispute is referred by the Speaker to the Election Commission. |
| Kenya | Yes | Yes | The Constitution states that a member who resigns from his party has to vacate his seat. The decision is by the Speaker, and the member may appeal to the High Court. |
| Singapore | Yes | Yes | Constitution says a member must vacate his seat if he resigns, or is expelled from his party. Article 48 states that Parliament decides on any question relating to the disqualification of a member. |
| South Africa | Yes | Yes | The Constitution provides that a member loses membership of the Parliament if he ceases to be a member of the party that nominated him. |
| Australia | Yes | No | |
| Canada | Yes | No | |
| France | Yes | No | |
| Germany | Yes | No | |
| Malaysia | Yes | No | |
| United Kingdom | Yes | No | |
There has been much discussion about bringing the GDP growth on track and the need for expediting infrastructure projects in this regard. At the Planning Commission Meeting to approve the Twelfth Five Year Plan, last month, there were concerns about the implementation of such projects because of the delay in the grant of environment and forest clearances. In this context, there has been talk of setting up a singular body that will grant approvals for large infrastructure projects. News reports suggest that the government is considering forming a National Investment Approval Board (NIAB). The NIAB will be responsible for expediting the clearances for mega project proposals above a certain financial threshold. The Board would be headed by the Prime Minister and will have the authority to provide the ‘final decision’ on investment projects. According to news reports, the NIAB will be the final decision making body. The Ministry of Environment & Forests (MoEF) has raised concerns that this would create ambiguity in the current process of granting clearance for projects. While the formation of the NIAB is still being deliberated and discussed, it would be relevant to understand the process that the MoEF follows before granting clearance to a project and look at data on number of clearances granted and pending. The MoEF has developed certain processes to examine the potential environmental impact of new projects or expansion of existing projects. These are contained in the Environment Impact Assessment Notification, 2006. This notification empowers the Expert Appraisal Committees (EAC) to review the environmental impact of projects. The EAC carries out a combination of these steps depending on the classification of the project:
The MoEF considers the grant of environmental clearance to development projects in terms of the provisions of EIA Notification, 2006. From July 13, 2011 to July 12, 2012 the MoEF has given environmental clearances to 209 development projects. For a sector wise break up see Table 1. Table 1: Number of Environment Clearances Accorded
| Sector | No. of projects accorded EC |
| Industry (Steel & Cement) |
88 |
| Thermal Power |
29 |
| River Valley and Hydro-electric |
6 |
| Coal Mining |
29 |
| Non-Coal Mining |
25 |
| National Highways |
32 |
| Total |
209 |
Source: “Environmental Clearance accorded from 13.07.2011 to 12.07.2012”, MoEF A total of 593 proposals are pending for environmental clearance as on August 13, 2012.[i] It remains to be seen how the process of granting clearances as established by the MoEF will be reconciled with the expedited process of the NIAB.
[i] MoEF, Lok Sabha, Unstarred Question no. 637, August 13, 2012,
