ST

Shoham TeberiwalAIR 77· 2023

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.

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Recently in dealing with Maharashtra defection crisis, Supreme Court distinguished between the legislative party and political party putting more emphasis on latter. 10th schedule beyond 52nd Amendment of Constitution was aimed to curtail anti-defection power in legislature working and stop phenomenon of legal form. It has altered the shape and discourse of petty altogether. Issue-ticket to candidate: Political party whip of the political party at they would have considered to be defected. Earlier individual legislators are accountable to those who voted them but now they are accountable solely to their political party. Example, they cannot raise individual voice against kill and have to toe the party line. Even after disqualification they can contest elections if other party gives their ticket.

Thus, now the individual legislators have to follow the whip of the political party at they would have considered to be defected. Earlier individual legislators are accountable to those who voted them but now they are accountable solely to their political party. Example, they cannot raise individual voice against kill and have to toe the party line. Even after disqualification they can contest elections if other party gives their ticket. Other unintended consequences: 1) Created partisan role for speaker in deciding against defection cases where can only political parties can raise petition. 2) Defections have not stopped rather parties with more money power to win elections have strengthened (though selection). 3) Individual legislators cannot give independent opinion in legislature assembly Thus 2nd APC, Dinesh Bosawami have called for reform in 10th schedule there is a need to restore it giving above challenges.

2Created partisan role for speaker in deciding against defection cases where can only political parties can raise petition. 3) Defections have not stopped rather parties with more money power to win elections have strengthened (through selection). 4) Individual legislators cannot give independent opinion in legislature assembly or legislative assembly Thus 2nd APC, Dinesh Bosawami have called for reform in 10th schedule there is a need to restore it giving above challenges.

— Shoham Teberiwal · AIR 77

334 words1 paragraphs

Conclusion

Thus 2nd APC, Dinesh Bosawami have called for reform in 10th schedule there is a need to restore it giving above challenges.

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Topper

Shoham Teberiwal

AIR 772023

Subject & Paper

GS2GS2

Topic

Parliament and State Legislatures - Structure, Functioning, Powers & Privileges

Powers and Privileges

Powers and Privileges

Writing Stats

356

Total words

1

Paragraphs

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