Mains Daily Question
Jan. 4, 2024
Q3. Anti defection law is defeating the purpose of what it was meant to achieve. Critically analyse. (10M, 150W)
Approach to the answer: Understanding and structuring the answer: The question has two main headings: 1) Purpose of Anti-defection law 2) Issues with the Anti-defection law and 3) Suggestions to reform the Anti-defection law in India Introduction: Type 1: Give the constitutional details about the Anti-defection law and Type 2: Mention the objective of the Anti-defection law. Body: Heading 1: Purpose of Anti-defection law. Provide arguments to justify your points. Heading 2: Issues with the Anti-defection law. Explain issues that are acting as a constraint against the proper implementation of the Anti-defection law. Heading 3: Suggestions to reform the Anti-defection law in India Conclusion: Give a forward-looking conclusion – Type 1: Explain the aim of the Anti-defection law and link it to democratic process. Type 2: Mention any case regarding the Anti-defection law and provide a positive conclusion. |
Answer: Anti-defection Law in India was enacted in 1985 through the 52nd Amendment Act of 1985 as part of the Tenth Schedule of the Constitution of India. Anti-defection laws aim to prevent or discourage defection by imposing penalties on politicians who switch parties or otherwise violate party discipline.
Provisions of the anti-defection law of India
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Purpose of Anti-defection law
- Stability of the Government: The law intends to promote stability by preventing frequent and arbitrary changes in the composition of legislatures.
- Prevention of Horse-trading: The law discourages the practice of "horse-trading" or the buying and selling of legislators, where political parties attempt to induce members to switch sides in exchange for various incentives.
- For example, Operation Kamala: It refers to "poaching" or "bribing" of MLAs and MPs of other parties by one major party to form a government in states where they do not have the majority.
- Preservation of the Mandate: Elected representatives are expected to uphold the mandate given to them by the voters. The Anti-Defection Law aims to ensure that members do not betray the trust of their constituents by switching parties without a valid reason.
- Promotion of Party Discipline: It discourages members from defying the party line. Members are expected to vote in accordance with the decisions of the party leadership.
- Enhancement of Accountability: It enhances the accountability of elected representatives to the electorate and the political party that nominated them. It restricts their ability to change affiliations without facing consequences.
Issues with the Anti-defection law
- Curbing dissent: The law infringes on the freedom of legislators to follow their conscience and stand up for their beliefs or represent the interests of their constituents.
- Lack of Intra-Party Democracy: By punishing defectors, the law gives parties a strong incentive to exert control over their members and to discipline those who step out of line. This may discourage legislators from speaking out against party leaders.
- Fragmentation of Parties: To avoid being disqualified under the law, politicians may form their own parties or join existing small parties which can lead to fragmentation of the party system.
- Undermining representative democracy: Political parties have been known to use the threat of defection to discipline their members or to coerce them into supporting certain policies or candidates.
- Controversial role of the speaker: The decision of the Speaker or the Chairman on questions of defection is final and cannot be challenged in court. This lack of transparency and judicial oversight has led to concerns about the fairness and impartiality of the process.
Suggestions to reform the Anti-defection law in India
- 2nd ARC: The issue of disqualification of members on the grounds of defection should be decided by the President/Governor on the advice of the Election Commission.
- Reducing the number of defections: The threshold for disqualification should be raised from one-third to two-thirds or three-fourths. This would reduce the number of defections and make it harder for political parties to split.
- Removing the role of the Speaker: The role of the Speaker in deciding cases of disqualification should be removed and replaced with an independent authority such as the Election Commission.
- Allowing independents to join parties: Independent members should be allowed to join political parties without being disqualified.
- Providing for a grace period: Grace period should be provided for members who have defected to allow them to prove their loyalty to their new party.
The Anti-Defection Law in India enacted to curb political defections and maintain stability has played a crucial role in preserving the integrity of the democratic process. The landmark Kihoto Hollohan case in 1992 solidified the constitutional validity of the law, emphasizing the importance of upholding party discipline and ensuring that elected representatives adhere to their party's ideology thereby reinforcing the foundation of a robust and accountable democratic framework in the country.