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Mar 25, 2023 · Learn about the anti-defection law in India, its provisions, criticisms, amendments and judicial observations. This web page provides a comprehensive overview of the law, its history, purpose and implications for democracy.
- 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
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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...Learn about the anti-defection law, its provisions, issues and suggestions for UPSC exam. The web page covers the recent statement of the Vice-President on amending the law and the constitutional amendments related to it.
May 29, 2024 · The Anti-Defection Law (ADL) in India is a legal framework that seeks to curb the practice of political defection by members of the legislature, with the goal of promoting political stability and maintaining party discipline.
Learn about the anti-defection law, the 10th schedule of the Indian Constitution and the role of the speaker in preventing political defections. Find out the grounds, exceptions, exceptions and judicial review of the law with examples and notes for UPSC exams.
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Nov 28, 2020 · Learn about the anti-defection law that disqualifies legislators who switch parties or vote against their party whip. Find out the grounds, exceptions, judicial review and recommendations to improve the law for UPSC IAS exam preparation.
Aug 24, 2022 · In 2003, through the 91 st Amendment, the anti-defection law was made more effective to deal with regular defection. It deleted the provisions that protected legislators in case of a split in the party.
The anti- defection law sought to prevent such political defections which may be due to reward of office or other similar conditions. Benefits of ADL: Provides stability to the government by preventing shifts of party allegiance. Ensures that candidates remain loyal to the party as well the citizens voting for him. Promotes party discipline.
