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12 Dec 2023
GS Paper 2
Polity & Governance
Day 20 : The anti-defection law is a watershed moment in the Indian polity because it aims to curb the issue of political defections. How does it ensure the stability and discipline of the political parties and the legislatures? (150 Words)
- Introduce the answer with a brief introduction to the anti-defection law and its inception.
- Discuss the ways in which the anti-defection law ensures the stability and discipline of the political parties and the legislatures.
- Conclude with a solution-based approach.
Introduction
The anti-defection law, which was added to the Constitution as the Tenth Schedule in 1985, is a legal framework that seeks to prevent the frequent and arbitrary switching of political parties by elected representatives. It also aims to ensure the accountability and loyalty of the members of Parliament (MPs) and state legislatures (MLAs) to their respective parties and the people who voted for them.
Body
The anti-defection law ensures the stability and discipline of the political parties and the legislatures by providing for the following:
- Disqualification of MPs/MLAs who voluntarily give up the membership of the party on whose ticket they were elected, or who vote or abstain from voting in the House contrary to the direction of their party, unless such voting or abstention is condoned by the party within 15 days.
- Disqualification of MPs/MLAs who join another party after being elected, except when there is a merger of two-thirds of the members of the original party with another party.
- Disqualification of independent MPs/MLAs who join any political party after being elected.
- Disqualification of nominated MPs/MLAs who join any political party after the expiry of six months from the date they take their seat in the House.
Other Provisions to ensure the stability and discipline of the political parties and the legislatures:
- Disqualification of MPs/MLAs who are found guilty of corruption or defection by the Speaker/Chairman of the House, who acts as the presiding officer and the sole authority to decide on such matters.
- Bar on the jurisdiction of courts to interfere in the decisions of the Speaker/Chairman on matters of disqualification, except for judicial review on the grounds of malafide, perversity, or violation of constitutional mandate.
- Ban on the appointment of defectors as ministers or holders of any other public office for a period of six years from the date of their disqualification, or till the end of the term of the House, whichever is earlier.
Conclusion
The 10th Schedule faces challenges like arbitrary disqualification. Reforms, including an independent tribunal, time-bound resolutions, clear defection exceptions, internal party democracy promotion, and public accountability, are crucial for strengthening the Anti-Defection Law and preserving democratic principles.
