Anti-Defection Law & Its Impact over the Constitutionalism in Bangladesh: An Appraisal

Abstract

Though 'Political defection' is basically connected with some fundamental rights like personal liberty, freedom of expression, freedom of an association etc., it has been a growing political disease particularly in third world countries. Many countries of the world, specially the countries of 3rd world, have incorporated anti-defection law, so have Bangladesh. Our Constitution is the embodiment of the aspirations and emotions of millions of Bangalees & is reckoned as beacon light of the nation, but there is some repugnancy like anti-defection laws that hold opposite norms of the aspirations of the Republic. These repugnant provisions have not only made the constitution an instrument of abuse, but also been obstacles to the development of the nation. Anti-defection law is one of the most debated & abusive instrument of the constitution where all the aspirations such as solemn expression of the will of the people, long cherished dream of democracy, parliamentary democracy, responsible government, some fundamental rights guaranteed by the Constitution, etc. are lost. Similarly, the provision of anti defection law incorporated in Article-70 of the Constitution of Bangladesh is not only contradictory to the provision of Articles 7(2), 11, 26, 39 (1), 39 (2A), 44, 55(3), 102 and the expression of preamble of the Constitution, but also enslaves the MPs to the command of their respective political parties. So, it’s high time we worked on it for betterment of our nation.