Commentators believe that this law is a complete failure. The Electoral Commission believes that there should be a decisive authority in this matter. Apart from that, other experts argue that the president and governor should listen to the petitions of defectors. A similar case occurred with Swapan Dasgupta. He did not join any party for six months after being appointed to the Rajya Sabha in April 2016. Over the years, the court has ruled that changing parties or joining a party cannot be considered correct. However, it can be interpreted differently in different cases. After the law was passed in 1985, its reasons and objectives stated that “the issue of defection has become a matter of national importance.” If it is not stopped, it is a threat to the foundations and principles of our democracy. Following the announcement of his candidacy for the West Bengal Assembly elections, Rajya Sabha MP-designate Swapan Dascupta resigned from his term in the House of Representatives on Tuesday, a year before the end of his term. Earlier, Trinamool Congressman Mahua Moitra raised the issue of Dasgupta`s disqualification from the Rajya Sabha under the anti-defector law after the BJP removed Dasgupta from the Seat of the Tarkeshwar Assembly. Mahua Moitra had said how a designated member of the Rajya Sabha could be a member of a political party without resigning.
He had invoked a violation of the 10th Schedule of the Constitution. The stability and majority of the elected government are decided on the basis of the Lok Sabha. If less than two-thirds of MPs support the government, a motion of censure may be tabled against them. But the anti-defector law also applies to Lok Sabha and Rajya Sabha MPs, although the Rajya Sabha does not have to play a role in deciding on the stability of the government. In the initial phase of the law, the disqualification of designated deputies was not foreseen. Currently, 8 of the 12 nominated members of the Rajya Sabha have joined the BJP, including classical dancer Sonal Mansingh and sculptor Dr. Raghunath Mohapatra. After announcing his resignation from the Rajya Sabha, Swapan Dasgupta wrote on Twitter on Tuesday: “I left the Rajya Sabha today to devote myself to the struggle to make West Bengal better. I hope to be able to submit my candidacy for the Seat of the Tarakeshwar Assembly as a BJP candidate in the coming days. It was this necessity that paved the way for the election of 12 appointed members from different regions to the Rajya Sabha.
These members are appointed from among those associated with literature, science, social services, the arts and sports. Their names are approved by the President on the recommendation of the central government. Like the members elected by the party in the Rajya Sabha, these appointed members have the same rights, although they cannot vote in presidential elections. In this regard, it is necessary to pay attention to other important points as well. The third position concerns the appointed MEMBERS of the European Parliament. Thereafter, a designated member may join a political party within six months of being sworn in. Time is given, because if a designated member is not a member of a political party, then if he wants to join a party, he can decide. .