| Introduction: Give a brief context to the question Body: Highlight effectiveness of the law in maintaining political stability and party discipline. Conclusion: Way forward |
The Tenth Schedule of the Constitution, commonly known as the Anti-Defection Law, was introduced in 1985 by the 52nd Constitutional Amendment. The anti-defection law was enacted to ensure that a party member does not violate the mandate of the party. In case he does so, he will lose his membership of the House. The law applies to both Parliament and State Assemblies. It provides for the Presiding Officer of the legislature to disqualify any defector on a petition by another member.
Effectiveness of anti-defection law in maintaining political stability and party discipline
- Political Stability: By forbidding lawmakers from joining other parties, the law seeks to improve political stability by preventing frequent changes in administration.
- Party Discipline: By punishing members who cross party lines, anti-defection clauses aim to uphold party discipline. Maintaining party unity and a cogent policy approach depend on this.
- Protecting Mandate: By prohibiting elected officials from switching allegiance without facing repercussions, the law serves to preserve the mandate that voters granted to a specific party or coalition.
- Decrease in Horse-Trading: Because lawmakers risk losing their seats if they defect, the rule serves as a deterrent to horse-trading and other unethical behaviour.
Steps to Strengthen anti-defection law
- Proactive role of Election Commission: Concerns regarding prejudice and political interference are raised by the Speakers of the House’s present defection case decision-making process. Impartiality could be improved by transferring decision-making authority to an unbiased entity like the Election Commission. The 2nd ARC recommended that the issue of disqualification of members on the grounds of defection should be decided by the President/Governor on the advice of the Election Commission.
- Internal Democracy: Enacting laws to protect internal party democracy and openness may lessen lawmakers’ sense of disappointment and maybe stop desertion brought on by party dissatisfaction.
- Time-bound Decisions: To avoid protracted uncertainty and political manipulation, a rigorous timeline for deciding defection cases should be established.
- Judicial Recourse: Under some circumstances, allowing direct appeals to the Supreme Court or High Courts may offer more protection against arbitrary rulings.
Conclusion
The Indian Constitution’s Anti-Defection Law attempts to prevent political defections to promote democratic stability. Notwithstanding its significance, obstacles include limitations on the independence of lawmakers and procedural problems highlighting the need for changes.
