What is anti-defection law?
Anti-defection Act was passed in 1985 to prevent such defections. ... Defection is defined as either voluntarily giving up the membership of his party or disobeying (abstaining or voting against) the directives (political whip) of the party leadership on a vote in legislature.
What is anti-defection law?
**Anti-Defection Law: An Overview**
The Anti-Defection Law, also known as the Tenth Schedule of the Indian Constitution, was introduced to curb political defections and ensure stability in the Indian political system. It was added to the Constitution in 1985 through the 52nd Amendment Act. The main objective behind this law is to discourage Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) from switching parties for personal gains or political opportunism. The law seeks to preserve the sanctity of the electoral mandate and maintain party discipline.
**Key Provisions of the Anti-Defection Law:**
1. **Disqualification of Defectors**: The law states that if an elected representative voluntarily gives up the membership of their party or votes against the party's direction on any issue, they can be disqualified from their position. The disqualification can be initiated by the party leadership or through a petition to the Speaker or Chairman of the House.
2. **Exceptions to Disqualification**: In certain cases, defection may not lead to disqualification. These include instances where one-third of the members of a party decide to split and form a new party, or if a legislator has been elected as a speaker or deputy speaker and voluntarily gives up their party membership.
3. **Process of Disqualification**: The Speaker or Chairman of the House is responsible for deciding on disqualification cases. The decision can be challenged in the High Court and Supreme Court.
4. **Time Limit for Disqualification**: The law mandates that disqualification proceedings must be completed within six months. This ensures that the process is not unnecessarily prolonged.
**Significance and Criticisms:**
The Anti-Defection Law plays a crucial role in maintaining party discipline and reducing political defections. It helps in preventing unethical practices, such as horse-trading, and ensures that elected representatives uphold the values and principles of their respective parties. However, the law has also faced criticism on several grounds:
1. **Violation of Freedom of Speech**: Critics argue that the law curtails the freedom of speech of elected representatives as they are bound to vote according to party lines, even if they have a differing opinion. This restricts their ability to represent the interests of their constituents.
2. **Promotion of Party Supremacy**: The law strengthens the power of party leadership, limiting the autonomy of individual legislators. This may hinder their ability to voice dissent or hold the government accountable.
3. **Defection in the Form of Mergers**: The law does not effectively address the issue of party mergers, as a substantial number of legislators can join another party without facing disqualification. This can lead to political instability and manipulation of the system.
4. **Political Manipulation**: The law can be misused by political parties to target and intimidate dissenting members. This raises concerns about the fairness and transparency of the disqualification process.
In conclusion, the Anti-Defection Law is a significant legislative measure aimed at curbing political defections and maintaining party discipline. While it serves the purpose of preserving the electoral mandate, it has also faced criticism for its impact on the freedom of elected representatives and the functioning of democracy.
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