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.
Introduction
52nd Amendment Act and X schedule provided for anti-defection law to check the events of political horse trading - 'Aaya Ram Gaya Ram' in common parlance.
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Main Body
Anti-Defection Law provisions: (1) Disqualification of a candidate if it fails to follow the party line, eg. Voting against the direction of party. (2) Defection of 1/3 of legislators to other party. (3) If a nominated member joins a political party after 6 months.
Impact of Anti-Defection on relation of political parties and individual legislators: (1) It lowers down the individual discretion and increases party's influence. (2) Speakers & the ruling authority doesn't stake action over disqualification application, eg. in M.P. its legislator case. (3) Causing downfall of the government, eg. in Maharashtra. (4) Misuse of public funds in horse-making, eg. Uttarakhand - ruling party used funds to sway MLAs.
Other consequences: (1) Disruptions in parliament and state legislatures, eg. 60% of time under quorum-hour wasted - 14/10/1919. (2) Increases the discretion of governor and President calling notice of constitutional position, eg. Imposition of Presidents rule in Maharashtra. (3) Decreased uniformity of parliament in the eyes of public, eg. Rajasthan political game. In Kihoto Holleman case, SC upheld that the power of speaker to decide on petition is subject to judicial review. In Subhash Chandra & others case SC held that no calling of assembly by governor - should not bypass fall of government.
Diagram
Mind map showing 'Unintended consequences' with four numbered points about individual discretion, speaker's authority, government downfall, and misuse of public funds
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Salient Features of the Representation of People's Act
Representation of Peoples Act
Anti-Defection Law provisions
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