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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.

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.

What is the role of the Presiding Officer of the legislature in the context of the Anti-Defection Law, as discussed in the text?
  • a)
    The Presiding Officer decides on disqualification without any political party influence.
  • b)
    The Presiding Officer's decision is always in favor of the ruling party.
  • c)
    The Presiding Officer decides on disqualification based on whims and fancies.
  • d)
    The Presiding Officer has no role in the Anti-Defection Law.
Correct answer is option 'C'. Can you explain this answer?

Srishti Nair answered
Role of the Presiding Officer in the Anti-Defection Law:

Decision-making Process:
The Presiding Officer plays a crucial role in deciding on disqualification under the Anti-Defection Law. They have the authority to make decisions on disqualification based on certain criteria outlined in the law.

Disqualification Based on Whims and Fancies:
In some cases, there have been concerns raised about the impartiality of the Presiding Officer in deciding on disqualification. There have been instances where the decisions made by the Presiding Officer seemed to be influenced by political considerations or personal biases, rather than following the letter of the law.

Challenges and Criticisms:
The role of the Presiding Officer in the Anti-Defection Law has faced criticism for being arbitrary and lacking transparency. There have been instances where decisions made by the Presiding Officer have been questioned for not adhering to the principles of natural justice.

Need for Transparency and Impartiality:
It is essential for the Presiding Officer to uphold the principles of transparency and impartiality while deciding on disqualification under the Anti-Defection Law. This would ensure that the decisions made are fair and in accordance with the spirit of the law.
In conclusion, while the Presiding Officer plays a significant role in the implementation of the Anti-Defection Law, there is a need for greater transparency and adherence to the principles of natural justice to ensure the integrity of the decision-making process.

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