How has anti-defection law impacted relationship between political parties and individual legislators? In light of recent incidents, also discuss unintended consequences it has on functioning of democracy in India.

The anti-defection law was introduced in India via the 52nd Amendment in 1985, the schedule and corresponding Tenth Defection Law. It was introduced to use rising defections and have-eroding, which was impacting stability of government in India. It has had a profound impact on relationship between political parties and individual legislators: 1. Made individual legislators compelled to follow the party whip. 2. Forced individual legislators to vote against their conscience. 3. Created intra-party dissent. 4. Broken link of accountability between voter and by representative.

Increased the influence of individual legislators on political parties. 5. Increased the cleavance of individual legislators on political party. 6. Created an alternate intra-constitutional authority inside the House - which the constitution is silent on, and yet imposes restrictions on govt action either, if against essential facets of constitution. Unintended consequences on functioning of democracy: 1. ILLEGITIMATE leading to 'whole sale defections' (No 31st party defecting y exempt under the AS). Nearing year in CS (Eg: Merging of ruling coalition) 2. By-Bills the balance of power between executive and legislature - earlier, private members (both of ruling and opposition) were at greater liberty to held the executive accountable. 3. Created a situation in which major decisions of the House can only be taken by a few party leaders - against principles of democracy.

4. Facilitated scope for collaboration across party lines in legislature - greater companionship in parliament - voters interests not represented - against democracy. 5. Against separation of powers, giving executive control over legislators (Whip imp.) Way forward: 1. Supreme court in Kesuram Singh Vs Shivarama Vs-Shimmer of Harimam - supprosed disgrace petitions must be decided within 3 months, unless there are substantive circumstances. 2. British 4 Assembly Committee: - Decision disqualification petitions must be decided within 3 months unless there are substantive circumstances. - Petitions should not be decided by Speaker, but by an independent mechanism. 3. Political parties must internally establish greater democracy. 4. Votes - ordered independence/election where stability of govt is threatened.