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Delay in Decisions of Anti-Defection Cases

For Prelims: Supreme Court, Anti-defection, Article 142, Election Commission of India

For Mains: Anti-Defection Law and its impact on Indian democracy, Role of the Speaker in disqualification cases,Judicial interpretations of the Anti-Defection Law

Source:TH

Why in News?

A Supreme Court(SC) Bench has asserted that the judiciary is not “powerless” if a Legislative Speaker delays deciding anti-defection petitions under the Tenth Schedule (anti-defection law) of the Constitution.

The remark came while hearing on pleas filed by a state political party, who sought judicial intervention against prolonged inaction by the state Assembly Speaker on disqualification petitions against Members of Legislative Assembly (MLAs) who defected to the ruling party.

What is the Anti-defection Law?

About: The Anti-Defection Law (ADL) was introduced in 1985 through the 52nd Amendment Act, adding the Tenth Schedule to the Constitution. It aims to curb opportunistic political defections by legislatures (Members of Parliament (MPs) and MLAs) to promote party discipline, and ensure stable governments.
Grounds for Disqualification:
- For Members of Political Parties: If a member voluntarily gives up their party membership.
  - If a member votes or abstains contrary to the party’s whip without prior permission and the act is not condoned within 15 days.
- For Independent Members: Disqualified if they join a political party after the election.
- For Nominated Members: Disqualified if they join a political party after six months from taking their seat.
Exception: The ADL exempts the Presiding Officer or Speaker from disqualification if they voluntarily give up their party membership or rejoin it after ceasing to hold office. This provision is intended to ensure the dignity and impartiality of the role.
- A member is not disqualified if their party merges with another and at least two-thirds of its members agree to the merger.
Role of the Speaker: Under the Tenth Schedule, the Speaker acts as a quasi-judicial authority to decide on disqualification of defecting legislators.
- The law does not specify a deadline within which the Speaker must decide defection cases, leading to long delays in some instances.
Judicial Empowerment: Under Article 142, the SC can pass any order necessary for complete justice, including compelling constitutional authorities to act within a reasonable period.
- In the L. Chandra Kumar vs. Union of India and Others (1997), the SC ruled that judicial remedies are available against tribunal orders. Since the Speaker functions as a tribunal in disqualification cases, the SC can issue directions, just as it does for other constitutional tribunals like the Central Administrative Tribunal (CAT).

Judicial Pronouncements Regarding Anti-Defection

In Kihoto Hollohan vs. Zachillhu (1992), the SC upheld the Presiding Officer’s authority in defection cases, ruling it not unconstitutional and subject to judicial review.
In Ravi S. Naik vs. Union of India (1994), the SC held that "voluntarily giving up membership" does not require a formal resignation and can be inferred from a legislator’s conduct.
In Keisham Meghachandra Singh vs. Speaker, Manipur Legislative Assembly (2020), the SC ruled that the Speaker must decide defection cases within a reasonable time (preferably within 3 months).

How Does the Delay in Disqualification Affect Governance?

Democratic Undermining: Delay enables defectors to continue in office, potentially distorting the popular mandate. This undermines the purpose of the Tenth Schedule, rendering it functionally ineffective.
Political Morality: Erodes public trust in democratic institutions and promotes a culture of political opportunism and horse trading (buying and selling of political support).
Governance Paralysis: Affects policymaking and weakens opposition voices when defectors align with the ruling party.
- Case Study: Maharashtra (2022) delay in disqualification proceedings by the Speaker allowed power shifts and instability.
Electoral Accountability: Delay in decision-making stalls re-elections and deprives voters of their democratic right to choose representatives aligned with their mandate.
Exploited by Ruling Parties: Delay in action often benefits ruling party interests, especially when the Speaker belongs to the same party.
- Allows ruling parties to consolidate power through engineered defections.

What Reforms Are Needed to Strengthen the Anti-Defection Law?

Statutory Time Limit for Decisions: As recommended by the SC (Keisham Meghachandra, 2020) , a time-bound framework (e.g., 90 days) should be introduced for Speakers to decide on disqualification petitions to prevent indefinite delays.
Adjudication Powers to Independent Authority: Shift decision-making from the Speaker to an external, neutral tribunal or the Election Commission of India.
- The 2^nd Administrative Reforms Commission (ARC) recommended that disqualification on defection grounds should be decided by the President/Governor based on the Election Commission's advice.
Limit Scope of Party Whip: Restrict whip enforcement to confidence motions, and money bills and allow legislators to exercise conscience-based voting on policy issues without fear of disqualification.
Encourage Political Ethics: Encourage consultative decision-making and allow dissent within political parties to reduce the need for legislators to switch parties over ideological or policy differences.

Drishti Mains Question:

How does the delay in anti-defection cases affect governance and electoral accountability? Suggest measures to ensure time-bound decisions.

UPSC Civil Services Examination, Previous Year Questions (PYQ)

Prelims:

Q. Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? (2014)

(a) Second Schedule
(b) Fifth Schedule
(c) Eighth Schedule
(d) Tenth Schedule

Ans: (d)

Mains:

Q. The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law which was legislated but with a different intention? (2013)

Q. ‘Once a Speaker, Always a Speaker’! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India? (2020)

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Combating Synthetic Drug Trafficking in India

For Prelims: Synthetic drug, New psychoactive substances, Dark net, Golden Crescent, Narcotics Control Bureau, Nasha Mukt Bharat Abhiyan

For Mains: Drug Trafficking and National Security, Legal and Policy Framework on Drug Control, Public Health and Drug Addiction

Source:BL

Why in News?

India is facing a surge in synthetic drug trafficking. In response, Haryana's Narcotics Control Bureau has set up an Anti-Synthetic Narcotics Task Force to track networks, monitor precursor chemicals, and dismantle hidden labs in the state.

What are Synthetic Drugs?

About: Synthetic drugs are fully created in labs using precursor chemicals (a compound that participates in a chemical reaction that produces another compound) and do not require any plant-based components.
Classification of Drugs:

Category	Source	Examples
Natural Drugs	Directly from plants	Opium poppy (Papaver somniferous), Cannabis, Coca
Semi-Synthetic Drugs	Chemically modified from natural drugs	Morphine, Codeine, Heroin, Cocaine
Synthetic Drugs	Fully lab-manufactured	Amphetamines, ecstasy, diazepam, methaqualone

What are the Concerns Regarding Synthetic Drugs?

Loopholes from Rapid Innovation: Synthetic drugs are often slightly modified to create new psychoactive substances (NPS) that fall outside the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985 purview.
- For instance, fentanyl analogues have surfaced faster than Indian agencies can classify them as narcotics, hindering enforcement efforts.
Ease of Production: Unlike plant-based narcotics, synthetic drugs can be produced in small, concealed labs using easily available precursor chemicals.
- This decentralised model makes detection and dismantling more difficult.
Difficulty in Detection: Traditional drugs like heroin, cannabis, and poppy husk require extensive supply chains, often involving cross-border smuggling. However, synthetic drugs are often disguised within legitimate industrial or pharmaceutical consignments.
- Traditional methods like border checks and sniffer dogs are less effective.
- Trafficking networks increasingly rely on the dark net, cryptocurrencies, and blockchain technology for encrypted financial transaction channels. This makes tracking financial transactions and supply chains significantly more complex.
High Potency and Fatality: Synthetic drugs like fentanyl are extremely potent, with even small doses causing fatal overdoses.
- The low cost and high availability of synthetic drugs increase the risk of mass addiction, especially among youth. Indian states are witnessing a rise in drug-induced psychosis, crime, and dropouts from education.
Global Synthetic Drug Influence on India: India faces significant challenges due to the global shift in synthetic drug production to low-risk, high-access regions.
- India, as one of the major producers of active pharmaceutical ingredients (APIs), along with China, and being located between the Golden Crescent and Golden Triangle, struggles to prevent the diversion of legal chemicals into illicit drug manufacturing.
- The rise of online forums and tutorials has further complicated law enforcement efforts and public health responses by making it easier for non-experts to synthesize dangerous drugs.

Legal Framework for Drug Enforcement in India

India's drug law enforcement is rooted in Article 47 of the Constitution, which mandates the state to prohibit the consumption of intoxicating substances, except for medicinal purposes.
India's drug control policy is guided by three key legislations the Drugs and Cosmetics Act, 1940, the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and the Prevention of Illicit Traffic in NDPS Act, 1988.
The responsibility for drug abuse control is a central function. The Ministry of Finance, through the Department of Revenue, oversees the implementation of the NDPS Act, 1985, and the Prevention of Illicit Traffic in NDPS Act, 1988.
- To strengthen enforcement, the Narcotics Control Bureau (NCB) was established in 1986, as the central authority responsible for coordinating actions against drug trafficking and enforcing drug control measures.

What Reforms are Needed to Curtail Synthetic Drugs in India?

Legislative Modernization: Amend the NDPS Act to include generic scheduling of drugs to pre-emptively control emerging chemical variants, reducing the legislative lag exploited by traffickers.
- Establish a fast-track mechanism under the Ministry of Home Affairs to classify emerging NPS.
National Precursor Control Network: Haryana’s Anti-Synthetic Narcotics Task Force uses a real-time chemical tracking system in collaboration with the State Food and Drug Administration (FDA) to detect and prevent illegal diversion.
- Expanding this, a National precursor monitoring system should integrate state FDAs and manufacturers, ensuring every transaction is logged, analyzed, and flagged for irregularities, with AI-driven alerts for suspicious bulk transactions.
Digital Surveillance: Integrate global blockchain forensic tools like Chainalysis to trace cryptocurrency-fueled drug payments, enhancing digital financial surveillance and strengthening efforts to combat synthetic drug trafficking.
International Coordination: India should leverage its participation in UN conventions like the Single Convention on Narcotic Drugs (1961), Convention on Psychotropic Substances (1971), and the UN Convention against Illicit Traffic (1988) to combat global synthetic drug cartels.
- Collaborate with INTERPOL for intelligence sharing and best practices to strengthen transnational efforts, and enhance drug control measures.
Health and Awareness Measures: Expand de-addiction infrastructure under the National Action Plan for Drug Demand Reduction (NAPDDR), and launch targeted campaigns under Nasha Mukt Bharat Abhiyan (NMBA) on the risks of synthetic drugs, especially among youth and urban populations.

Drishti Mains Question:

How do synthetic drugs differ from traditional narcotics, and why are they harder to regulate?

UPSC Civil Services Examination, Previous Year Questions (PYQs)

Mains

Q. In one of the districts of a frontier state, narcotics menace has been rampant. This has resulted in money laundering, mushrooming of poppy farming, arms smuggling and near stalling of education. The system is on the verge of collapse. The situation has been further worsened by unconfirmed reports that local politicians as well assume senior police officers are providing surreptitious patronage to the drug mafia. At that point of time a woman police officer, known for her skills in handling such situations is appointed as Superintendent of Police to bring the situation to normalcy.

Q. If you are the same police officer, identify the various dimensions of the crisis. Based on your understanding, suggest measures to deal with the crisis. (2019)

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Soft Power of US and India

For Prelims: Hard Power, Soft Power, Non-Aligned Movement (NAM), Operation Brahma, UN, WHO, BRICS, G20, ICCR.

For Mains: India’s Soft Power, Key Elements of Soft Power, Challenges to India’s Soft Power Diplomacy, Veena Sikri Committee on ICCR, Recommendations and Way Forward.

Source: TH

Why in News?

Recent policy shifts under the President Trump administration, driven by the "America First" agenda, have led to a decline in US soft power, diminishing its global influence and strategic standing.

What is Soft Power?

Soft power was defined by political scientist Joseph Nye as the ability to shape the preferences of others through attraction and persuasion rather than hard power.
- It leverages culture, values, and diplomacy to influence global affairs.
Hard power refers to a nation’s ability to influence others through coercion, including military force, economic sanctions, and other forms of pressure.
- A successful state balances hard and soft power, coercion for immediate goals and influence to shape their long-term attitudes and preferences.
- Eg: The US employs hard power in military interventions and soft power through diplomacy and cultural outreach. China blends both, using military assertiveness and initiatives like BRI to expand influence.

What are the Reasons for the Declining Soft Power of the USA?

Weakening Alliances: Unilateral actions in global conflicts (e.g. Russia-Ukraine), criticism of North Atlantic Treaty Organization (NATO) and AUKUS, and shifting policies on allies like Japan and Canada have strained trust.
- The US's unconditional support for Israel in the Gaza conflict has strained ties with the Global South and West Asia.
  - E.g. South Africa has sued Israel at the ICJ over alleged genocide.
Declining Humanitarian Engagement: Massive funding cuts to USAID (down to 17% of programs) and the closure of institutions like the US Institute of Peace and Voice of America have reduced US influence in diplomacy and development.
- The US’s rejection of Diversity, Equity, and Inclusion (DEI) policies casts doubt on its global advocacy for democracy, equal representation, and religious freedom.
Unstable Trade and Immigration Policies: The US shift to protectionism, including "reciprocal tariffs," risks economic credibility and trade ties with Canada, Mexico, Australia, and India.
- A similar move, the 1930 Smoot-Hawley Tariffs, worsened the US economy during the Great Depression.
- Mass deportations, curbs on legal migration, tighter scrutiny on H-1B and Green Card holders, and a ban on birthright citizenship weaken America’s image as a land of opportunity and diversity.
Declining Higher Education Appeal: Crackdowns on student protests, deportations of foreign students, and funding cuts for universities are reducing international enrollments, weakening a major pillar of US soft power.

India’s Approach to Reciprocity in Foreign Relations

The Gujral Doctrine outlines 5 principles guiding India’s foreign relations, emphasizing that its strength is linked to regional stability.
One of its key principles is to prioritize friendly ties by offering unilateral concessions to smaller neighbors like Bangladesh, Bhutan, Maldives, Nepal, and Sri Lanka without expecting reciprocity, fostering goodwill and trust in the region.

What are the Key Elements of India's Soft Power?

Cultural Influence: Yoga, Ayurveda, Bollywood, Indian cuisine, and spiritual traditions like Hinduism and Buddhism enhance India's global appeal.
Historical & Diaspora Connections: India shares strong cultural ties especially with Asia and Africa; a 35 million-strong global Indian diaspora strengthens business, politics, and cultural influence.
Democracy & Global Leadership: India’s democratic model inspires developing nations. Gandhian ideals of non-violence influenced global leaders like Nelson Mandela and Martin Luther King Jr.
- India has led the Non-Aligned Movement (NAM) and advocates for the Global South in international forums.
Economic & Technological Growth: As a global leader in IT, digital payments (like UPI and Aadhaar), and pharmaceuticals, India played a key role during the Covid-19 pandemic by providing vaccines and medicines through vaccine diplomacy.
Education & Knowledge Exchange: India attracts students from across the world to its top institutions like IITs and IIMs.
- Through scholarships and training programs like ITEC, India helps many developing nations build skills and knowledge.
India’s Humanitarian Aid: India provides global disaster relief and financial aid, including Operation Brahma (2025 Myanmar-Thailand earthquake) and financial assistance to Sri Lanka.
- It supports CDRI and aids infrastructure and capacity-building in developing nations.
Multilateral Diplomacy: India plays an active role in the UN, WHO, BRICS, and G20, India promotes multilateral solutions over unilateral actions in global affairs.

What are the Challenges to India’s Soft Power Diplomacy?

Institutional Gaps: As per the Committee on External Affairs Report (2022-23), India’s soft power efforts remain fragmented due to poor coordination among institutions like ICCR, AYUSH, and Tourism. The ICCR lacks a clear mandate and strategic direction, while the MEA has yet to assess India's soft power assets comprehensively.
Limited Multilateral Diplomacy: India has yet to fully leverage multilateral platforms like UNESCO, BRICS, SAARC, and G20 for advancing its soft power diplomacy.
- Also, limited engagement in Track 2 (non-governmental) and Track 3 (people-to-people) diplomacy has restricted its global influence.
Limited Financial Resources: Unlike countries such as China and the US, India allocates minimal funding for soft power initiatives.
- This financial constraint limits India's ability to expand its cultural and diplomatic outreach globally.
Lack of Formal Study: India’s approach to soft power remains sporadic, as it lacks a formal study on global best practices.
- While countries like China (Confucius Institutes), the UK (British Council), and France (Alliance Française) have systematically promoted their culture and languages, India has yet to adopt a structured model for cultural diplomacy.
Underutilized Diaspora: Despite having one of the world's largest diasporas, India lacks a structured mechanism to effectively engage overseas Indians in shaping international perceptions.
- While Pravasi Bharatiya Divas and diaspora awards exist, more needs to be done to integrate them into foreign policy.
Passive Approach to Public Diplomacy: While India enjoys natural soft power appeal through its culture, it has not proactively translated these assets into strategic influence.
- Unlike China, which actively invests in global media and education, India has yet to fully capitalize on its cultural and diplomatic strengths.

Way Forward

Comprehensive Policy on Soft Power: India must develop a structured national strategy for cultural diplomacy and formally integrate Track 2 and Track 3 diplomacy into its foreign policy to enhance global outreach.
Restructuring Institutions: India should restructure ICCR (Veena Sikri Committee), enhance cultural diplomacy via PPPs, expand global media presence (e.g., Doordarshan International), and improve coordination among ICCR, Embassies, and MEA.
- A dedicated cultural diplomacy task force should be created to promote yoga, Ayurveda, Hindi, classical dance, and cuisine globally.
Leveraging Multilateral Platforms: India should enhance participation in UNESCO projects, expand cultural centers abroad, utilize global summits for cultural diplomacy, and strengthen bilateral cultural agreements to deepen international partnerships.
Learning from International Best Practices: India should conduct a formal study of global soft power strategies and adopt successful models similar to China, UK, France, and Japan’s programs to strengthen cultural diplomacy.
Diaspora & Educational Diplomacy: Establish a structured framework to involve the Indian diaspora in advocacy, business, and policymaking while expanding scholarships under ITEC and Study in India programs to attract global students.

Conclusion

The decline of US soft power underscores the need for a balance between military strength and cultural influence. India can leverage ‘Smart Power’ a strategic blend of soft and hard power to enhance its global standing by strengthening cultural diplomacy and strategic partnerships in a multipolar world.

Drishti Mains Question:

“Soft power is an essential component of a nation’s global influence, complementing its hard power capabilities." Discuss the significance of soft power in India’s foreign policy and suggest measures to enhance its global outreach.