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Mar 7, 2023 · Anti Defection Law: Its purpose was to bring stabilit y to governments by discouraging legislators from changing parties. It sets the provisions for disqualification o f elected members on the grounds of defection to another political party.
- EDITORIAL ANALYSIS : A case that scans the working of the ...
Anti Defection Law: Its purpose was to bring stabilit y to...
- EDITORIAL ANALYSIS : A case that scans the working of the ...
Dec 20, 2023 · After long years of legislative meanderings, Parliament enacted the anti-defection law (10th Schedule) to curb political defection. The volume, intensity, recklessness and uncontrolled venality seen in defections in the 1960s and thereafter almost came to a stop after this.
- Why in News?
- What Is Anti Defection Law?
- What Are The Grounds of Disqualification?
- What Are The Issues with Anti Defection Law?
- What Are Different Suggestions Related to The Anti-Defection Law?
- Way Forward
Recently, theVice-President has said that the time has come to amend the anti-defection legislationin the country to plug existing loopholes.
The anti-defection lawpunishes individual Members of Parliament(MPs)/MLAs for leaving one party for another.Parliament added it to the Constitution as the Tenth Schedule in 1985. Its purpose was to bring stability to governments by discouraging legislators from changing parties.However, it allows a group of MP/MLAs to join (i.e., merge with) another political party without inviting the penalty for defection. And it does not penalize political parties for encouraging or ac...The members disqualified under the law can stand for electionsfrom any political party for a seat in the same House.If an elected member voluntarily gives uphis membership of a political party.Ifhe votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorized to do so, without obtaining prior permission.If any independently elected member joins any political party.If anynominated member joins any political partyafter the expiry of six months.Undermining Representative & Parliamentary Democracy:Controversial Role of Speaker:No Recognition of Split:Subversion of Electoral Mandates:The Election Commission has suggestedit should be the deciding authorityin defection cases.Others have argued that thePresident and Governorsshould hear defection petitions.The Supreme Court has suggested thatParliament should set up an independent tribunalheaded by a retired judge of the higher judiciary to decide defection cases swiftly and impartially.Some commentators have said the law has failed and recommended its removal. Former Vice President Hamid Ansari has suggested that it applies only to save governments inno-confidence motions.The problem arises from the attempt to find a legal solutionto what is essentially a political problem.Ifstability of government is an issue due to people defecting from their parties, the answer is for parties to strengthentheir internal systems.There is anardent need for legislation that governs political parties in India. Such alaw should bring political parties under Right to Information (RTI), strengthen intra-party democracy, etc.In order to shield the detrimental effect of the anti-defection law on representative democracy,the scope of the law can be restricted to only those laws, where the defeat of government can lead to...Mar 7, 2024 · What is Anti-defection law (ADL)? ADL in India, enshrined in the Tenth Schedule of the Constitution, aims to curb political instability by preventing elected representatives from switching parties.
Aug 9, 2024 · 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.
Oct 21, 2023 · What is an Anti-Defection Law? About: The anti-defection law punishes individual Members of Parliament (MPs)/Members of the Legislative Assembly (MLAs) for leaving one party for another. Parliament added it to the Constitution as the Tenth Schedule in 1985 in order to bring stability to governments by discouraging legislators from changing parties.
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What is Anti-Defection Law?
What is Anti Defection Law?
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Feb 24, 2023 · Anti Defection Law: Its purpose was to bring stabilit y to governments by discouraging legislators from changing parties. It sets the provisions for disqualification o f elected members on the grounds of defection to another political party.
