Question Q12GS2GS2

How has the Anti-defection Law impacted the relationship b/w political party & individual rights in India? In the light of recent examples also discuss the unintended consequences it has on functioning of democracy in India.

Main Body

How has the Anti-defection Law impacted the relationship b/w political party & individual rights in India? In the light of recent examples also discuss the unintended consequences it has on functioning of democracy in India. 52nd CAA included 10th Schedule which provided for anti-defecting law. Impact Feature of ADL in House: (1) Political parties PP → If a member voluntarily resigns from PP or members vote against director in the ADL in PP House. (2) Independent I members → If they join any political party after elected to house. (3) Nominated members → If they join any political party after 6 months of getting nominated to house. Unintended Consequence: (1) Resign & Reelected: In many States members resign from one party leading to toppling of government. These members get reelected in by-elections & enter house from opposition parties ticket, for eg., Madhya Pradesh. (2) Merger: ADL allows for merger of 4 legislative party (2/3 member) to evade defection for eg., in Goa, 10 out of 15 MLAs merged with ruling party & availed defection. (3) Speaker: not deviding the plea on time for eg., Manipur MLAs.

gets disqualified to become minister or hold any remuneration post. (19 CAA) Unintended Consequence: (1) Resign & Reelected: In many States members resign from one party leading to toppling of government. These members get reelected in by-elections & enter house from opposition parties ticket, for eg., Madhya Pradesh. (2) Merger: ADL allows for merger of 4 legislative party (2/3 member) to evade defection for eg., in Goa, 10 out of 15 MLAs merged with ruling party & availed defection. (3) Speaker: not deviding the plea on time for eg., Manipur MLAs. (4) Governary: Not deviding majority on the floor of the house, cg., Maharashtra. (5) Judiciary: Not punishing MLA of Karnataka assembly dispute clear cut violation.

gets disqualified to become minister or hold any remuneration post. Reforms: (1) Kirshop Wilton Law: Speakers devising is subject to judicial review. (2) Keisham NG neglected Case: Speaker should devide matter in 3 months. (3) Dinesh Goswamy case: Direction of whip should be binding on members only when stability of government is in question. cg., No cg., Manipur issue. (4) An independent tribunal to devide disqualify. (5) Amend ADL to fill loopholes. ADL's original purposes have been lost & it should be subsumed on clean footing basis to uphold democracy is true aim.

— Abhishek Singh

395 words1 paragraphs

Conclusion

ADL's original purposes have been lost & it should be subsumed on clean footing basis to uphold democracy is true aim.

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Abhishek Singh

2023Polity

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Anti-defection Law

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416

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Linked PYQ

As a senior officer in the Ministry, you have access to important policy decisions and upcoming big announcements such as road construction projects before they are notified in the public domain. The Ministry is about to announce a mega road project for which the drawings are already in place. Sufficient care was taken by the planners to make use of the government land with the minimum land acquisition from private parties. The compensation rate for private parties was also finalized as per government rules. Care was also taken to minimize deforestation. Once the project is announced, it is expected that there will be a huge spurt in real estate prices in and around that area. Meanwhile, the Minister concerned insists that you realign the road in such a way that it comes closer to his 20-acre farmhouse. He also suggests that he would facilitate the purchase of a big plot of land in your wife’s name at the prevailing rate which is very nominal, in and around the proposed mega road project. He also tries to convince you by saying that there is no harm in it as he is buying the land legally. He even promises to supplement your savings in case you do not have sufficient funds to buy the land. However, by the act of realignment, a lot of agricultural lands has to be acquired, thereby causing a considerable financial burden on the government, and also the displacement of the farmers. As if this is not enough, it will involve cutting down of a large number of trees denuding the area of its green cover. Faced with this situation, what will you do? Critically examine various conflicts of interest and explain what your responsibilities are as a public servant.

20M2018Critically examine