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What is the ultimate goal of rationalizing the anti-defection laws, as discussed in the text?
  • a)
    To establish a dictatorship within political parties.
  • b)
    To promote electoral mandates.
  • c)
    To establish a truly representative democracy.
  • d)
    To centralize power in the hands of the executives.
Correct answer is option 'C'. Can you explain this answer?

Prisha Tiwari answered
The Ultimate Goal of Rationalizing Anti-Defection Laws
The anti-defection laws, established to maintain political stability, aim to create a framework that encourages party loyalty and discourages opportunism among elected representatives. The ultimate goal of rationalizing these laws is to establish a truly representative democracy.
Key Aspects of Representative Democracy:
- Promoting Accountability: By preventing elected officials from changing parties at will, anti-defection laws hold them accountable to their constituents. This ensures that representatives remain aligned with the electoral mandate given to them by the voters.
- Strengthening Political Parties: Rationalizing these laws helps political parties maintain their integrity and cohesion. A stable party system is crucial for a functioning democracy, as it allows voters to make informed choices based on party platforms.
- Encouraging Voter Trust: When representatives cannot easily switch allegiances, it fosters a sense of trust among voters. Citizens are more likely to engage in the democratic process when they believe their votes translate into real influence over their representatives.
- Reducing Instability: Frequent party changes can lead to political instability. Rationalizing anti-defection laws minimizes this risk, leading to a more stable governance structure that better serves democratic principles.
Conclusion:
Ultimately, the rationalization of anti-defection laws aims to reinforce the democratic fabric by ensuring that elected representatives honor their commitments to their parties and constituents. This enhances the legitimacy of the political system, making it more representative and responsive to the electorate’s needs.

According to the text, what does the Anti-Defection Law prioritize in India's democracy?
  • a)
    Democracy of parties and numbers.
  • b)
    Democracy of debate and discussion.
  • c)
    Democracy of dissent and defection.
  • d)
    Democracy of electoral mandates.
Correct answer is option 'A'. Can you explain this answer?

Maitri Menon answered
Understanding the Anti-Defection Law
The Anti-Defection Law in India, enacted in 1985, aims to maintain the stability of political parties and uphold the democratic framework of the country. Its primary focus is to prevent political defections that could disrupt the elected government. Here’s why option 'A', "Democracy of parties and numbers," is considered the correct choice:
Promotion of Party Stability
- The law discourages elected representatives from switching parties, thereby promoting party discipline and stability.
- By limiting defections, it ensures that the strength of the party in the legislature reflects the electoral mandate given by the voters.
Protection of Electoral Mandate
- The Anti-Defection Law safeguards the will of the electorate by maintaining the integrity of the party system.
- When representatives defect, it undermines the votes cast for their original party, distorting the democratic process.
Impact on Governance
- A stable party structure leads to more predictable governance, allowing for continuity in policies and legislation.
- This stability is crucial for effective administration and governance, as it reduces the risk of sudden changes in government due to defections.
Conclusion
In summary, the Anti-Defection Law prioritizes the "Democracy of parties and numbers" by ensuring that the composition of the legislature remains true to the electoral outcomes. This reinforces the overall democratic structure in India, enhancing the legitimacy and functionality of its political system.

What is one of the steps suggested in the text to address the challenges of the Anti-Defection Law?
  • a)
    The law should be valid only for votes determining the stability of the government.
  • b)
    The Presiding Officer should have the sole authority to disqualify members.
  • c)
    The law should promote inner-party democracy.
  • d)
    The law should prioritize party loyalty over stability.
Correct answer is option 'A'. Can you explain this answer?

Maitri Menon answered
Understanding the Anti-Defection Law
The Anti-Defection Law was enacted in India to curb political defections and maintain the stability of governments. However, it has faced criticism for its rigid application, which can stifle democratic processes within political parties. One suggested reform is that the law should only apply to votes that determine the stability of the government.
Rationale Behind Option A
- Focus on Critical Votes: By restricting the law to votes that directly affect government stability, legislators can express dissent or change party allegiance on non-critical issues without fear of disqualification. This can foster a more dynamic political environment.
- Encouraging Accountability: If the law is applied only during crucial votes, it encourages politicians to be accountable to their constituents rather than solely to party leadership. This could lead to more representative governance.
- Mitigating Rigid Party Structures: Allowing flexibility in party affiliations can break the rigid structures that exist within political parties. This reform could enable party members to voice their opinions without the threat of being penalized, thus promoting a healthier dialogue within the party.
- Preserving Democratic Values: The core of democracy lies in the ability to choose and change one's political affiliation. By limiting the scope of the Anti-Defection Law, it preserves the democratic principle that individuals should not be bound by party lines when their beliefs or the interests of their constituents shift.
In conclusion, making the Anti-Defection Law applicable only to votes that ensure the stability of the government could effectively address some of the law's challenges. It would balance party loyalty with the need for individual accountability and democratic expression.

What is one of the challenges associated with the Anti-Defection Law, as mentioned in the text?
  • a)
    It promotes inner-party democracy.
  • b)
    It encourages members to vote independently.
  • c)
    It impedes legislative control on the government.
  • d)
    It strengthens the separation of powers.
Correct answer is option 'C'. Can you explain this answer?

Shounak Desai answered
Challenge associated with the Anti-Defection Law:
1. Impedes legislative control on the government:
- The Anti-Defection Law was introduced to prevent political defections and ensure stability in the government. However, one of the challenges associated with this law is that it can impede legislative control on the government.
- Members of the legislative bodies may be hesitant to express dissent or vote against the government's decisions due to the fear of disqualification under the Anti-Defection Law.
- This can lead to a lack of accountability and transparency in the functioning of the government, as legislators may be compelled to toe the party line rather than representing the interests of their constituents.
- The law can limit the ability of legislators to act independently and perform their role as watchdogs over the government, ultimately weakening the checks and balances in the democratic system.
In conclusion, while the Anti-Defection Law serves a crucial purpose in preventing political defections, it also poses challenges such as impeding legislative control on the government. Balancing the need for stability with the need for accountability and transparency is essential in ensuring the effective functioning of the democratic system.

What did the Supreme Court clarify in the Kihota Hollohon vs. Zachilhu (1992) judgment regarding the 10th schedule?
  • a)
    That the 10th schedule is unconstitutional.
  • b)
    That it impinges upon the freedom of speech and expression.
  • c)
    That it is constitutionally valid.
  • d)
    That it promotes legislative oversight.
Correct answer is option 'C'. Can you explain this answer?

Sameer Malik answered
Clarification by the Supreme Court in the Kihota Hollohon vs. Zachilhu (1992) judgment regarding the 10th schedule:

Constitutional Validity:
- The Supreme Court clarified that the 10th schedule, also known as the Anti-Defection Law, is constitutionally valid.
- The 10th schedule was added to the Indian Constitution in 1985 to address the issue of political defections.

Background:
- The case of Kihota Hollohon vs. Zachilhu involved the disqualification of Members of the Nagaland Legislative Assembly under the 10th schedule.
- The petitioners challenged the constitutionality of the 10th schedule, arguing that it violated the freedom of speech and expression.

Ruling:
- The Supreme Court upheld the constitutional validity of the 10th schedule in its judgment.
- The court clarified that the Anti-Defection Law was necessary to maintain the integrity of the political process and prevent opportunistic defections.
- The law was deemed essential for ensuring stability and coherence in the functioning of the parliamentary system.

Key Takeaway:
- The Supreme Court's ruling in the Kihota Hollohon case reaffirmed the constitutionality of the 10th schedule and its importance in preserving the democratic principles of the Indian political system.

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