ANTI DEFECTION LAW IN ARTICLE 70
BANGLADESH CONSTITUTION
ANTI-DEFECTION LAW OR ANTI FLOOR CROSSING LAW.
• 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.
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.
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.
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.
EFFECTS OF ARTICLE 70(1) OF BANGLADESH CONSTITUTION
• 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.
• There is two main characteristics of responsible government.
i. One is individual responsibility to the minister and
ii. 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
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.
• 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.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.
POSITIVE AFFECT OF ARTICLE 70 OF BANGLADESH CONSTITUTION
• 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.
• 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.
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.
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Case about Anti-defection Law
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