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Hrishikesh RajendraAIR 61· 2024

Question 12GS2GS2

दल-बदल विरोधी कानून भारत में राजनीतिक अस्थिरता के मुद्दे को किस हद तक संबोधित करने में सक्षम रहा है? उपयुक्त तर्कों के साथ चर्चा कीजिए।

Open scan (p.23)

Main Body

Anti-Defection law was passed through 52nd Amendment Act (1985) which added Schedule X to prevent legislatures changing parties after election.

The law has been largely ineffective for as seen in several recent cases of defection → NEP MLAs in Maharashtra Congress MLAs in Arunachal Pradesh

Causes for future:

1Deficiency in the law itself.

Allows for merger paragraph IV has thus promotes bias defection alleged legislative party & has party.

2Power of disqualification lies under Presiding officer of the house → time biased when defection is into ruling party.
3No-Time frame for disqualification process.
4Leaves no room for legitimate dissent democratic debate of as one cannot go against whip.

Defection has turned Indian democracy from democracy of people to democracy political parties.

ECI: by Governor at recommendation of ECI
2nd ARC: by election commission
Supreme Court: by independent talent.
2Allow room for democratic debates through increased and efficient functioning of parliament.
3Promote intra party democracy as recommended by law commission.
4For a time-frame for decisions upon disqualification.
5Clarity and consistency upon application of paragraph IV definition.

Academic auditing of X+6 schedule by supreme court or independent commission is necessary to protect law spirit of representative democracy.

207 words5 paragraphs4 bullet points

Conclusion

Way Forward: (1) Changes to authority that decide upon disqualification:- Academic auditing of X+6 schedule by supreme court or independent commission is necessary to protect law spirit of representative democracy.

30 words

Examiner score
1/10

Open original scan

Page 23

Topper

Hrishikesh Rajendra

AIR 612024

Subject & Paper

GS2GS2

Topic

Parliament and State Legislatures - Structure, Functioning, Powers & Privileges

Powers and Privileges

Anti-Defection Law

Writing Stats

237

Total words

5

Paragraphs

4

Bullets

analytical

Tone