Journal of Political Sciences & Public Affairs
Open Access

Abstract

Global Perspectives on Anti-Defection Laws: Assessing Impacts on Constitutionalism and Democratic Governance of Bangladesh

Asraeul Alam*

Though 'political defection' is connected with some fundamental rights like personal liberty, freedom of expression, freedom of association, etc., it has been a growing political disease. Many countries of the world have incorporated anti-defection laws, as has Bangladesh. Our constitution is the embodiment of the aspirations and emotions of millions of Bangalees and is reckoned as the beacon light of the nation, but some repugnancies hold opposite norms of the aspirations of the republic. These repugnant provisions not only make it an instrument of abuse but also obstruct the development of the nation. Anti-defection law is one of the most debated and abusive instruments of the constitution where all the aspirations, such as solemn expression of the will of the people, the long cherished dream of democracy, a responsible government, some fundamental rights guaranteed by the constitution, etc. are lost. Similarly, the provision of anti-defection law incorporated in the constitution of Bangladesh is not only contradictory to the provision of articles 7 (2), 11, 26, 39 (1), 39 (2A), 44, 55 (3), 65, 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 started working on it for the betterment of our nation.

Published Date: 2025-03-10; Received Date: 2024-02-01