R

RuhaniAIR 5· 2023

Question Q.11How has; discussGS2GS2

How has the Anti-Defection Law impacted the relationship between political parties and individual legislators in India? In light of the recent incidents also discuss the unintended consequences it has on the functioning of democracy in India.

Open scan (p.25)

Main Body

Anti-defection laws, 1985 is a Constitutional Amendment act inserted in the Tenth Schedule of the Constitution. It was enacted to prevent political corruption through defection of individuals from one party to another. IMPACT OF THIS LAW ON THE RELATIONSHIP BETWEEN POLITICAL PARTIES AND LEGISLATORS → Hamper inner party democracy: Legislators cannot dissent or disagree with their party on many important national issues. → Permits wholesale mergers but prevent retail mergers → Allurement through promise of postings of ministership makes legislators to leave their party and join another. → Instability in the relationship

UNINTENDED CONSEQUENCES ON DEMOCRACY → Dissent stifled: New opinions or differences are not heard. MPs cannot vote their conscience, as they cannot defy. → Thus, MPs work for their party and not for the people of their constituency. → This weakens representative democracy → Downfall of governments, eg. in Maharashtra → Instability in policy making → Political corruption. WAY FORWARD → Speaker should exercise non-partisan role while announcing disqualification for defection. → The laws should apply to pre-poll alliances. Thus, anti-defection law needs to be rethought and re-designed.

— Ruhani · AIR 5

180 words1 paragraphs
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Topper

Ruhani

AIR 52023

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Elections and Electoral Issues

Anti-Defection Law and its Impact on Democracy

Writing Stats

180

Total words

1

Paragraphs

analytical and prescriptive

Tone

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