Anti-defection law has failed to address and resolve the evil of political defection satisfactorily. Discuss various issues surrounding the Anti-defection law and recommend some corrective measures.
Introduction
Anti-defection law brought to stop evil of defection to ensure stability of government by 52nd Constitutional Amendment 1985.
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Main Body
Anti-defection law brought to stop evil of defection to ensure stability of government by 52nd Constitutional Amendment 1985. Anti defection law Failed to address the issue. Recent change in government in Maharashtra, Andhra Pradesh, Telangana due to defection. Issues surround defection: (1) discourages Retail defection Yet neutral against Wholesale defection—82/3rd members jointly other party not amounting to defection (91st Constitutional Amendment). (2) Ambiguity and loopholes—confusion between original party and legislature party. (3) Role of governor Speaker:—i Partisan role of Speaker disqualified member when Speak or removal under consideration in Arunachal Pradesh. ii No three-France for decision. iii Absence of remedy in court of law. (4) Whip culture—Defection Used even in area of dissent by members against whip's direction.
[Corrective measures] (1) To do away with exemption on mergers between Parties. (2) Applying ITOH law commission—Apply Anti defection law only in the event of saving government like against Non confidence motion. (3) To Rectify illegal loopholes—clearly Providing Related to original and legislature party. (4) NCRWC Recommendation => To bring defection case Under independent authority of President/governor with binding advice From Election commission of India. (5) Stipulating time-Frame to decision. To stop evil of defection and to Provide stable government is necessary to uphold 'popular' sovereignty and democracy. Anti defection has to be strengthened.
Conclusion
To stop evil of defection and to Provide stable government is necessary to uphold 'popular' sovereignty and democracy. Anti defection has to be strengthened.
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MUTHUARASI M
Salient Features of the Representation of People's Act
Corrupt Practices
Anti-defection law issues and reforms
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