The divergence between intent and impact of the tenth schedule necessitates calling into question its relevance in the present times. Analyze.
Introduction
The 10th Schedule of the Constitution relates to the Anti-Defection Provisions, brought in 1985 via 52nd Amendment Act.
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Main Body
The 10th Schedule of the Constitution relates to the Anti-Defection Provisions, brought in 1985 via 52nd Amendment Act.
The provision include disqualification of-
The intent was to-
1. Prevent political instability - Many members defecting to other party lead to fall of ruling party.
2. Prevent horse trading - Members would change party, simply for whoever offered more money "HAYA RAM, GYAN RAM".
3. Respect people's mandate - As candidates got voted in name of a party.
4. Reduce save frequent election expenses, administrative burden.
However, its impact has further led to-
1. Cursing freedom and of speech and expression of members, guaranteed by Article 105 and 194.
2. Unable to reflect local values, against party whip -
3. Bulk defection (as provision allows this).
Eg. Karnataka state election, recent Maharashtra govt change.
Experts say that law should restrict defection to crucial matters, such as a no-confidence vote in other cases, members should be allowed to present people's mandate.
Conclusion
Experts say that law should restrict defection to crucial matters, such as a no-confidence vote. In other cases, members should be allowed to present people's mandate.
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Page 11
GAURAV OJHA
Significant Provisions of the Indian Constitution
Anti-Defection Law and Tenth Schedule
Tenth Schedule Provisions and Intent
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10
Paragraphs
Analytical, explanatory
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