Party hopping: a comparative study on the legal position of Malaysia and India / Nur Asilah Mohd Nor … [et al.]

The issue of political defection, or party hopping as it is commonly known, is in the spotlight after the recent Perak Crisis. The crisis which took place a year ago was one of the greatest constitutional challenges in the history of Malaysia. Although the problem has been solved and a new state government has been put in place, the debate on the ethics of party hopping is still gaining heat in the local scene. We felt absorbed into the debate and thought that it would be an interesting topic for our project paper. This research focuses on the practice of party hopping. We have delved into the issue deeper to understand the root of the problem and the harms that it brings about. We also sought to find the best solution for the rampant act of party hopping. In the effort to find the best solution, we decided to draw a comparison of the status quo in Malaysia to that of India where there is an anti-defection law. The effectiveness and the constitutional of the Indian Anti-defection Law have been analyzed as well as its suitability to be adopted in Malaysia. At the end of this study, we have provided our recommendation which we feel is the best way to regulate the practice of party hopping and balance the rights of all parties involved.