Anti-Defection Provisions in Selected Countries
1. Bangladesh
Article 70 of the Constitution of the People’s Republic of Bangladesh:[1]
“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 –
(a) resigns from that party ; or
(b) votes in Parliament against that party ;
but shall not thereby be disqualified for subsequent election as a member of Parliament.”
2. Belize
Article 59(2)(e) of the Belize Constitution Act:[2]
“A member of the House of Representatives shall also vacate his seat in the House
…
(e) if, having been a candidate of a political party and elected to the House of Representatives as a candidate of that political party, he resigns from that political party or crosses the floor.”
3. Fiji
Article 63(1) of the Constitution of the Republic of Fiji:[3]
“The seat of a member of Parliament becomes vacant if the member—
…
(g) resigns from the political party for which he or she was a candidate at the time he or she was elected to Parliament;
(h) votes or abstains from voting in Parliament contrary to any direction issued by the political party for which he or she was a candidate at the time he or she was elected to Parliament, without obtaining the prior permission of the political party; or
(i) is expelled from the political party for which he or she was a candidate at the time he or she was elected to Parliament and—
(i) the expulsion was in accordance with the rules of the political party relating to party discipline; and
(ii) the expulsion did not relate to any action taken by the member in his or her capacity as a member of a committee of Parliament.”
4. India
Item 2 in the Tenth Schedule to the Constitution of India:[4]
“… a member of a House belonging to any political party shall be disqualified for being a member of the House—
(a) if he has voluntarily given up his membership of such political party; or
(b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.”
5. Malawi
Article 65(1) of Malawi’s Constitution:[5]
“The Speaker shall declare vacant the seat of any member of the National Assembly who was, at the time of his or her election, a member of one political party represented in the National Assembly, other than by that member alone but who has voluntarily ceased to be a member of that party or has joined another political party represented in the National Assembly, or association or organization whose objectives or activities are political in nature.”
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