KN

K N Chandana JahnaviAIR 50

Question Q.11GS2GS2

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.26)

Main Body

Anti defection law was enacted under 52nd Amendment in 10th Schedule to limit switching of MPs and MLAs across political party and uphold ethics in PUBLIC life. Rules and prohibition on charge in POLITICAL affiliation: FEATURES of 10th schedule: - ELECTED nominees are independent member - DISQUALIFICATION can be decided by SPEAKER / chair if defection as MEMBER FIR: features of ADL in INDIA: 1. It has led to destitution of freedom of speech of MPs and MLA on PARTY line

2. It has created 'PARTY FIRST, CONSTITUENCY NEXT' conundrum for MIA and MPs 3. Strict whip and PARTY decision have led to SIDELINING dialogue and discernment 4. It has also fueled consent for Political PARTIES to engage with INDEPENDENT MIAs nominated MPs to form government ex: GOA government formation with PLUM part 5. Limited INTRA party democracy without offering DISSENT and DEFECTION 6. It has also created LEGAL loophole on POLITICAL party suspension of MIA/MP and of acord. This has created UNINTENDED Consequences for democracy:

REPERCUSSION: Recent INCIDENTS - Formation of government in Karnataka, Madhya Pradesh events of SHIV SENA and NCP negative spill and legal battle Manipur. It has given legal sanchy to MASS Defections. It has led to loss of STABILITY and acquaintance of standing which was intention of 10th schedule. CONTINUATION in leading to MONEY and MUSCLE power and CRIMINALIZATION of politics ex: 54 / have cases penalty ADR. It can lead to loss of PUBLIC trust in worth of vote and promote AAYA RAM GAYA RAM culture. Hence, charges as per Dinesh Goswami Committee to 10th schedule, narrow definition of defection, implementing RIGHT to recall are needed to sharpen INDIA as 'Mother of democrats'

— K N Chandana Jahnavi · AIR 50

279 words1 paragraphs

Conclusion

Hence, charges as per Dinesh Goswami Committee to 10th schedule, narrow definition of defection, implementing RIGHT to recall are needed to sharpen INDIA as 'Mother of democrats'

27 words

Diagram

Mind map showing features of Anti-Defection Law including rules and prohibition on changes to political affiliation, with sub-branches for elected nominees, independent members, disqualification procedures

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Topper

K N Chandana Jahnavi

AIR 50

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Representation of Peoples Act

Anti-Defection Law and its impacts

Writing Stats

306

Total words

1

Paragraphs

analytical

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