| PYQ Relevance: Q) The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention? (UPSC CSE 2013) Q) The Individual Parliamentarian’s role as the national lawmaker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss. (UPSC CSE 2019) Q) To what extent, in your view, the Parliament can ensure accountability of the executive in India? (UPSC CSE 2021) Prelims: Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? (UPSC CSE 2014) a) Second Schedule b) Fifth Schedule c) Eighth Schedule d) Tenth Schedule |
Mentor’s Comment: The Anti-defection law (10th Schedule) was introduced to maintain political stability and uphold the electoral mandate by discouraging party-hopping among elected representatives. However, its effectiveness has been compromised due to several loopholes and implementation challenges.
Today’s editorial emphasizes the need for reforms to the anti-defection law in India. It argues that these reforms are essential to enhance the integrity of the democratic process and align with the government’s initiative of “One Nation, One Election” (ONOE).
_
Let’s learn!
Why in the News?
The Anti-Defection Law is in the news due to a SC’s directive for the Maharashtra Legislative Assembly Speaker to resolve disqualification petitions by December 31, 2023.
- Additionally, there are growing discussions about the law’s effectiveness and calls for reforms, as critics argue it restricts legislators’ freedom of expression and accountability to constituents.
- The debate highlights the need for a balance between party discipline and democratic representation.
| What is the Significance of the Anti-Defection Law? • Government Stability: It prevents political defections that can lead to governmental instability, ensuring a consistent ruling party. • Upholding Electoral Mandates: The law helps maintain the will of the electorate by discouraging elected representatives from abandoning their parties post-election. • Party Discipline: It fosters unity within political parties by requiring members to adhere to party directives, especially during critical votes. • Reduced Corruption: The law helps reduce corruption and promotes accountability among politicians by curbing defections motivated by personal gain. • Legal Framework for Disqualification: The law provides clear grounds for disqualifying members who defect, ensuring a systematic approach to addressing defections. |
How does the current Anti-Defection Law undermine Democratic Representation?
- Restriction on Freedom of Expression: Elected representatives are often forced to vote along party lines, limiting their ability to express dissent or represent their constituents’ views.
- Ambiguity in Disqualification: The lack of a clear timeline for resolving defection cases can lead to bias and manipulation, complicating accountability and representation.
- Exploitable Loopholes: Provisions allowing groups of legislators to defect without penalty can encourage opportunistic behaviour, undermining political integrity.
- Stifling Legislative Debate: Strict adherence to party lines diminishes robust debate, preventing diverse perspectives on critical issues from being voiced.
What are the proposed Amendments?
Two key amendments to the Tenth Schedule of the Indian Constitution:
- Time Frame for Decisions: Need to establish a four-week deadline for Speakers or Chairpersons to resolve defection cases. If no decision is made within this period, defecting members should be automatically disqualified.
- Public Notice of Party Whips: Need to Implement a transparent framework for issuing party whips, such as publishing them in newspapers or using electronic communication. This would ensure that all members are adequately informed about party positions.
Conclusion: India’s anti-defection legislation underscores the necessity of adapting legal frameworks to contemporary political realities to preserve democracy’s integrity and functionality. By addressing existing gaps in the law, India can foster a more robust democratic environment conducive to effective governance and public trust.
