Question Q4DiscussGS2GS2

How has the Anti-Defection Law impacted the relationship between political parties and individual members in India in light of the recent incidents and discuss the unintended consequences it has on the functioning of democracy in India.

Main Body

Anti defection law on the method of disqualifying a candidate based on defection was inserted into the Constitution by 52nd Constitutional Amendment Act 1985, in 10th schedule of the constitution. A member votes or abstain to vote against Grounds Election Defection for on the disqualification of ship of MSP: - A member votes or abstain to vote against order - If at any nominated member forms any party body after expiry of 6 months.

2It has the provision that exempts merger if a 2/3rd member of party wants to merge to another party. (3) However 91st CAA removed provision of splice (2/3rd member earlier could split from the party) (4) Speaker in elections is delay in decision and find Authority lies with speaker/chairman (who themselves are a member of any party). Unintended consequence on democracy: (1) No Members are not allowed to listen to their own conscience - only follow whip order (2) Exemption is based on member and not based on reason. i.e if wrong is done by majority, it won't be punished. (3) It doesn't allow to vent out dissent which ultimately gets form of disruption and protests by MP/MLAs in house. (4) As representatives are only following whip guidelines - are often not able to exercise people's will this undermine democracy.

4As representatives are only following whip guidelines - are often not able to exercise people's will this undermine democracy. (5) Speaker is a member of party thus question impartiality and also doesn't have the judicial expertise. However there are some positive consequence: - Provides stability to Democracy - Prevents Floors Trading (which stability to democracy) Way forward: - A Dinesh Goswami Committee says that it should be used only when danger to government - And ARC says authority should be with President/Governor on consultation with EC - & a fixed 3month for decision

309 words1 paragraphs

Diagram

Diagram showing positive and way forward aspects of anti-defection law with branches for Democratic Concerns, Floors Trading stability, and recommended reforms

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Page 25

Topper

Anjali Ajay Thakur

AIR 432023

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Representation of Peoples Act

Anti-Defection Law Impact

Writing Stats

309

Total words

Paragraphs

analytical

Tone