Question Q.11How has; discussGS2GS2
How has the Anti-Defection Law impacted the relationship between political parties and individual legislators in India? In light of the recent incidents also discuss the unintended consequences it has on the functioning of democracy in India.
Main Body
Anti-defection laws, 1985 is a Constitutional Amendment act inserted in the Tenth Schedule of the Constitution. It was enacted to prevent political corruption through defection of individuals from one party to another. IMPACT OF THIS LAW ON THE RELATIONSHIP BETWEEN POLITICAL PARTIES AND LEGISLATORSHamper inner party democracy: Legislators cannot dissent or disagree with their party on many important national issues.Permits wholesale mergers but prevent retail mergersAllurement through promise of postings of ministership makes legislators to leave their party and join another.Instability in the relationship
UNINTENDED CONSEQUENCES ON DEMOCRACYDissent stifled: New opinions or differences are not heard. MPs cannot vote their conscience, as they cannot defy.Thus, MPs work for their party and not for the people of their constituency.This weakens representative democracyDownfall of governments, eg. in MaharashtraInstability in policy makingPolitical corruption. WAY FORWARDSpeaker should exercise non-partisan role while announcing disqualification for defection.The laws should apply to pre-poll alliances. Thus, anti-defection law needs to be rethought and re-designed.
180 words1 paragraphs
Topper
Ruhani
AIR 52023
Subject & Paper
GS2GS2
Topic
Salient Features of the Representation of People's Act
Elections and Electoral Issues
Anti-Defection Law and its Impact on Democracy
Writing Stats
180
Total words
1
Paragraphs
analytical and prescriptive
Tone