The anti-defection law has fallen short of achieving its intended objective. Comment.

10th schedule to the constitution was added by 52nd Constitutional Amendment acts to restrain the practice of Raya Ram - Gaya Ram and to expel the electoral mandate. Objectives by Anti-defection law: - To bring stability in the government - To discourage horse-trading - To discipline the democracy - To reduce the dominant party culture Shortcomings of anti-defection law: - Allows bulk defection as merge by 2/3rd of strength is not considered as defection (eg. 14/16 members from BSP defected to BSP in UP) Reforms suggested for Anti-defection law: 1. Pre-pole alliance must be recognized 2. NRWC has recommended the President & Governor should take decisions on newer or election commission 3. SC in Rihotto Hazliker case has opined to set up an independent institution to deal with the case of defection 4. Decriminalization: Anti-defection aims at upholding the electoral mandate, requires to achieve its objective

Additional points: - Propale alliance is not recognized; this has led to increase cases of defections (eg. Mala Vika Aptebbi in Maharashtra) - Business from Speakers while taking the defection decision (eg. Speaker of Maharashtra, Kerala, etc.) - No Time Limit to take decision Reforms suggested for Anti-defection law: 1. Propale alliance must be recognized 2. NRWC has recommended the President & Governor should take decisions on newer or election commission 3. SC in Rihotto Hazliker case has opined to set up an independent institution to deal with the case of defection 4. Decriminalized Anti-defection aims at upholding the electoral mandate, requires to achieve its objective