Anti-defection Law or Article 70
1. Introduction
Bangladesh is a democratic country with parliamentary system of government. After getting independence from Pakistan, Bangladesh has made new constitutions. A fundamental principle of that constitution is democracy. The core value of democracy is that, everybody has the freedom of speech, right to vote, right to take decision etc. However, according to the Article 70 of Bangladesh constitution, a member of parliament has no power to vote against his party. If he or she votes against his or her party, he or she will lose his or her seat in the parliament. This Article is known as Anti-Defection Law or Anti Floor Crossing Law.
Basically, a member of parliament (MP) who is elected by his people cannot give his opinion, rather he has to always support his or party leader’s decision. Otherwise, he will be dismissed from his party. As a member of democratic country, I think this is not justified the democracy. It is strong barrier for our real democracy. I think this constitution need to be modified to control the tendency of dictatorship of any political party. If party leader gives the opportunity to take their decisions or share their opinions, then member of the party be more dedicated towards their works.
2. The Article 70(1) of Bangladesh Constitution
“A person elected as a Member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from that party or votes in Parliament against the party.”
Interpretation:
1. Member of Parliament will lose his or her seat in the parliament if he or she resigns from party.
2. If Member of Parliament votes against his or her party, he or she will lose the seat in the parliament.
3. Even though a member is present in the parliament, but he or she does not take part in voting during the voting time.
3. Rationale behind Article 70
There were so many cases of political defection in Indian subcontinent. Therefore, parliament took the help of the legislations to cope with this political defection problem. The main rationale behind enacting article 70 of Bangladesh constitution is ensure stability in the parliamentary form of government.
There are illustrations where governments have fallen because of defection from or MP’s vote against party. For example, in Sri Lanka on two occasions, in 1964 and 2001, Government fell due to defection. In India also even after the anti-defection law came into operation, Governments have fallen in various States due to political defections as in the case of Goa in 1989, Sikkim in 1994 and Arunachal Pradesh in 1999 & 2003.[1] So to ensure political stability in our country, people think article 70 of Bangladesh constitution is rationale.
Between the years 1954 to 1958, there was many coalitions and disagreement into the members of parliament.
The coalitions and disagreements in between the year 1954-1958 and the selfish nature of the members actually made a strong base for the article70 of 1972.
4. Effects of Article 70(1) of Bangladesh constitution
4.1.Scope of Dictatorship
If we see the explanation of Article 70(1) of Bangladesh Constitution, then we can realize there is an opportunity of dictatorship of the government in the parliament of Bangladesh. In the dictatorship system, one controller or government takes all the decision. It is more like totalitarianism system. If in the parliament, MPs unable to vote against their party will, then party president or party prime will autocrat they whole country. And that is not a perfect definition of democracy.
Moreover, a parliamentary government should take the opinion of the members of parliament in the time of passing bill or make any legislation. We can say this is the responsibility of the government. There is two main characteristics of responsible government.[2] One is individual responsibility to the minister and another one is collective responsibility of the cabinet. But there is no law or constitution or provision in our country which allows enacts individual responsibility. However, the Article 55 states that cabinet should be collectively responsible to the parliament. But, Article 70 of Bangladesh Constitution allows the government to take away the responsibility from collective to individual to protect their own party from defection or floor crossing. So, no power to vote against party interest is permitting government to avoid transparence and accountability of the cabinet towards public. It is also giving the opportunity or scope to the government to practice dictatorship in Bangladesh.
4.2.Blocking the Citizen Rights
Member of Parliament is a permanent citizen of Bangladesh. He or she has the right to speak against any kind of proposal. According to the Constitution of Bangladesh a citizen can take any decision he or she wants. However, the Article 70 of Bangladesh constitution is an obstacle of human rights, because it prohibits the Member of Parliament to give their opinion during voting time in the parliament. They cannot do what they want to do. Sometimes some honest MPs want to raise their voice, but because of that constitution they become puppet. As a citizen of democratic country, they should vote as they want.
4.3. Impede the public interest
Members of Parliament are the representative of the people of Bangladesh. People elect them by voting in the election to represent them in front of the government. So MPs suppose to work for the public interest. However, sometimes because of Article 70 those public representatives can not take decisions on the benefit of public interest. Basically, this provision is making the people’s representatives subservient to the political party.
4.4.Contradiction in the constitution (Democracy)
There is a conflict between ‘Article 1, 8, 11’ and ‘Article 70(1)’ in the constitution of Bangladesh, According to the Article 1 we the people of sovereign People’s Republic of Bangladesh. Article 8 describes the fundamental rights of Bangladeshi citizen. We know that there are four fundamental rights in our constitution and democracy is the one of them. In addition in the Article 11 of our constitution are talks about the democracy and human rights. However, Article 70(1) does not fulfill the above three articles conditions.
Moreover, Bangladesh is a democratic parliamentary government system country. Parliamentary government means the government should accountable or responsible towards parliament. Even though we are following parliamentary government system but Article 70 does not allowed to be responsible or transparence to the parliament. So, we are the parliamentary government system country on pen and paper, but actually we are not practicing the form of parliamentary government. For this reason, we are in a contradictory position in the constitution or system.
5. Positive affect of Article 70 of Bangladesh Constitution
5.1.Political stability
A political party needs stability to sustain in politics. So, Article 70 works as a safety guard for the political party. Because Members of parliament can not vote against party will. Party chief can control the behavior of party members with single. As I have mentioned earlier that, most of political members of Bangladesh are selfish and they are always looking for the chance to do corruption. If there is no Article 70, then there will be a serious chaos between party members. Moreover, as a small country Bangladesh need political stability to economic development. Article 70 of Bangladesh Constitution ensures the political stability.
5.2.Ensure Party Discipline
Political party always needs discipline to create positive image in the ground of politics. Article 70 of Bangladesh Constitution allows the political party discipline. Members of parliament of our country always want to miss use their political power. With the political power they are taking Bangladesh in the high level of corruption. Article 70 prohibits them from the miss use of political power or corruptions in some extended.
6. Practices of Anti-defection Law in other Countries
Anti-defection Law is very much preferable or active in this Indian subcontinent. In Country like Bangladesh, India use anti-defection law to ensure political stability. Even though those countries are democratic, but the Member of Parliament can not able to take any decision against their party decisions. However, in Pakistan if one party wants to pass an unethical or undemocratic bill someone from the same party can vote against it, but in Bangladesh there is no such opportunity. But in Pakistan if someone breaks that specific rule without permission then only he is to be guilty and he will not lose his membership if the party forgives him within 15 days. On the other hand, Members of the British Parliament have their full liberty to decide their own mind but its quiet impossible in Bangladesh due to constitutional obligation of MPs. For an example, in 2005 Blair’s own party men cast vote against him.
Case about Anti-defection Law
In India, Samajwadi Party expelled Amar Singh and Jaya Prada from the Party last parliamentary session of this year. Amar Singh and Jaya Prada had wanted to vote in favor of the Women’s Reservation Bill, which was against the party will. The Supreme Court said that their anti-party activities will have a direct impact on the Anti-defection Law. The Samajwadi Party expelled Amar Singh and Jaya Prada in February this year for voting against party decision.
7. Recommendations
The article 70(1) of Bangladesh constitution, which is losing seat in the parliament because of voting against the will of the party, is indeed is a bad restriction and the real barrier for our democracy. However, in some cases we need this kind of provision in our legislation, because, most of the parliamentary members of our country are corrupted, selfish, and greedy. So, to prevent MPs from miss use their political power we need law or provision like constitution 70.
Though we can not remove article 70(1) totally from our constitution, we need to change or modify this provision to protect our country from dictatorship. I think a slight change in the article 70 of Bangladesh constitution will help to make a balance in the parliamentary form of Government.
Here is some recommendations to solve the dilemma of article 70:
1. Launch two types of voting system:
· Confidence Vote – Only used to form the government.
· Regular Vote – All other votes.
2. Voting record of MPs will not be a reason for losing seat in the parliament.
3. Article 70 should allow voting on motion of confidence and money bill or passing the budget.
4. In regular vote system MP will cast his or her vote independently.
5. In confidence votes system MPs vote will be calculated by using an “electoral college” system (as used in the United States).
It is unrealistic to think that, changing article 70 will make the parliament lively and meaningful. However, it will help us to make our government system stable and as well as to cultivate real democracy in our country which is very important for responsible government.
8. Conclusion
As a parliamentary government system Bangladesh need transparent, accountable and responsible political parties. In this sense we do not need any constitution which has no power to vote against the party will or Anti-defection Law. It is a strong barrier for the development of democracy in our country. However, as we know that our political condition is not good. So, we cannot remove Article 70(1) from our constitution. To establish the true parliamentary government system in our country, we can make a slight change in our constitution’s Article 70 as I have discussed in my recommendation part. The nature and position of the Members of Parliament will change, if we can make a modification in the Article 70 of our constitution. I hope responsible parliamentary government will help us to develop real democrat Bangladesh, without using any Article 70 or Anti-defection Law.
[1] See, Malhotra G.C. (2004), Cabinet Responsibility to Legislature: Motion of confidence and No-Confidence in Lok Sabha and
State Legislatures, Delhi Metropolitan, Pg: 187.
[2] See, Lawyers & jurists, Floor crossing law under Bangladesh constitution. Available at https://www.lawyersnjurists.com/resource/articles-and-assignment/floor-crossing-law-under-bangladesh-constitution/#_ftnref11