Question Q.12GS2GS2

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

Main Body

Under Schedule X of the Constitution, Anti-defection law (Article 102) prevents defection by legislators. It can be defined as the changing of political party by the candidate, after election results are leaving the party on whose ticket the candidate was contested the election. Relationship between Individual legislators and political parties: 1) Party whip - The legislator has to follow the directions given by the whip. No autonomy to defect from party opinion. 2) The nominated member of the Rajya Sabha cannot join/change their parties, after 6 months, consolidating individual loyalty & party ideology.

3Factionalism in political parties - reduced the influence of individual legislator => can breakaway in groups to avoid defection charges. Consequences: 1) Opacity and lack of intra-party democracy => no suitable mechanism to ensure accommodation of diverging interests. 2) Made the Indian polity party-centric and not candidate-centric. 3) Encouraged political factionalism, disputes and splits in parties, rather than resolution of disputes => instability in government. 4) No scope for whistle-blowers => if went against party whip => disqualified under 10th Schedule.

5Weaponization of 8th Schedule to target political opponents => speaker decides the case in belonging party. Recommendations: 1) Amendments to the 8th Schedule to ensure that there is enough scope for expressing intra-party dissent. 2) Ensuring accountability & transparency by objective criteria for directions by party whip. 3) Close the loopholes in the framework that encouraged narrow power-hungry outlook & minority factionalism. 4) Neutral committee, consisting of a government & ruling party members to adjudicate defection cases in time-bound manner. True, in 8th Schedule needs to be fixed of its fallacies as it is 'a nine-question for a stable government'.

— RITIKA

276 words1 paragraphs

Conclusion

True, in 8th Schedule needs to be fixed of its fallacies as it is 'a nine-question for a stable government'.

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Topper

RITIKA

2023

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Representation of Peoples Act

Anti-Defection Law

Writing Stats

296

Total words

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