How has the anti-defection law impacted the relationship between political parties and individual legislators in India? In light of the recent incidents, also discuss the unintended consequences it has on the functioning of democracy in India.
Main Body
52nd Amendment Act of 1985 added 10th schedule to the constitution, which is known as Anti-defection Laws.
Anti-defection law - ADL
1. Disqualifies a MP/MLA if one resigns from political party or acts against the whip of the party.
2. Prevents independent member to join any political party.
3. Allows nominated member to join any political party within 6 months.
1. Presented horse trading to some extend by embracing loyalty to one's party
2. Reduced the significance of individual with .respect to overarching party in debates & discussions
Recent incidents:
1. Use of two-third merger provision [e.g] Shiv Sena issue in Maharashtra
2. Large scale disqualifications [e.g] Madhya Pradesh assembly
3. Misuse of provisions to break ruling coalition governments.
- Clear explanation of ADL provisions
- Specific case studies from recent incidents
- Identifies both intended and unintended consequences
Prajnanandan Giri
Post-independence Consolidation and Reorganization within the country
Anti-defection Law
129
Total words
7
Paragraphs
Analytical, Legal
Tone