How has the Anti-Defection Law impacted the relationship between political parties and individual legislators in light of the recent incidents also discuss the unintended consequences it has on the functioning of democracy in India.
Main Body
Anti-Defection Law was introduced vide 52nd Amendment Act, 1985 to curb the phenomenon of 'AAYA RAM GAYA RAM' politics. [Diagram showing interconnected concepts: Political Stability, Need for Anti-defection Law, Suspected electoral mandate, Using corruption, Alliances for political realignment, Continuity of policies] Impact on relationship between political parties & individual legislators a) Supremacy of political party is any action against political party may invite disqualification. b) Power of whip is individual legislators to follow. c) Opinion & voting in line with party position —This anti-defection law pivots strengthens and cements the position of political parties in Indian parliamentary system.
a) Voting/speech contrary to party line in exceptional circumstances (No-confidence motion, Budget) may be admitted from Anti-Defection Law. b) Tribunal may be set up (as recommended by SC, NCRWC) to adjudicate on disqualification. c) Stringent punishment for unethical defections (Barring for lifetime in electoral politics). This change in defection would instil more confidence in democracy.
Constitution of India from the very beginning envisages legislature come not as a passive spectator but as an active participant in fulfilling the aspirations of the people. Supreme Court of India is one of the most powerful judiciaries in the world and its powers stems from: i Guardian of India fundamental rights is Art 32 (Curist jurisdiction) ii Judicial review is Art 13 iii Original jurisdiction is Art 131 iv Power to do complex justice is Art 142
v Judicial upon constitutional case is Art 145(8) Basic Structure Doctrine - Profoundly by Supreme court in Kesavananda Bharati case entails limits on amending power of Parliament subject to basic structure of Constitution. Further enhancement of powers of judiciary by Basic Structure Doctrine a) Doctrine not mentioned in Constitution is has hence a judicial innovation. b) Power of supremacy court to veto what constitutes basic structure is utilised in Warren Rao case (1961) is added Rule of law (Indra Sawhney case, 1994) is added Federalism, secularism (SR Bommai case, 1994).
Conclusion
Therefore Anti-Defection Law may require some modification as per the needs of time.
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Abhimanyu Malik
Parliament and State Legislatures - Structure, Functioning, Powers & Privileges
Powers and Privileges
Anti-Defection Law and Party Discipline
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