NDA government bought an anti-defection law in the parliament which mandated at least 1/3 strength for the members of a group to defect from their party on whose tickets they won the election failing to which their membership stands disqualified.
Thanks to this law, political defection is not as easy as it used to be earlier in India. If a party has 30 members in the parliament/assembly then for members of it to defect to another party at least 10 members should defect as per this law.
But my view is that, not a single member should be allowed to leave his party without having to surrender his electoral win. This being for the simple reason that, voters consider two factors while voting for a candidate
* The candidate’s records and appeal
* The manifesto and appeal of the party to which the candidate belongs (Unless and until he is an independent)
Defecting from his party means showing disrespect to the voters as they voted not only for him but also for his party!! So if any elected member of a political party wants to leave his party then he should surrender his assembly/parliament membership as well!!
Can a independent candidate join a politician party after he wins? Certainly yes. Because the voters knew that he didn’t have a party and hence voted solely based on the candidate’s credentials..
Should a independent candidate who wins the election and then joins a political party be allowed to leave the party if he decides to do so?? Yes he should, because he still represents the voter majority who voted him as an independent candidate (well aware that he has not party of his) and if the candidate finds that the party is not allowing making justice to his constituency then he has all rights to leave that party. So for a candidate elected as an independent candidate the anti-defection law should not apply throughout his tenure.
Should a member lose membership of parliament or assembly, if his party expels him from the party? As per the existing laws, the member still continues to hold his electoral victory even if his party expels from the party membership.
But should this be allowed. What if the party expelled him because he was not implementing the manifesto promised by the party to the people??? But then it may also be that he was actually trying to bring pressure on his party to implement the election manifesto of his party and so the party got irritated and expelled him????