UPSC Mains 2013 · GS II · Q1 · 10 marks · 200 words

The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law which was legislated but with a different intention ?

हिन्दी में

कुछ वर्षों से सांसदों की व्यक्तिगत भूमिका में कमी आई है जिसके फलस्वरूप नीतिगत मामलों में स्वस्थ रचनात्मक बहस प्रायः देखने को नहीं मिलती । दल परिवर्तन विरोधी कानून, जो भिन्न उद्देश्य से बनाया गया था, को कहाँ तक इसके लिए उत्तरदायी माना जा सकता है ?

How a topper answered the closest question

Toppers wrote this one in a test series: “Discuss the various issues in the effective functioning of the anti-defection law. Does the law, while deterring defections, also lead to suppression of healthy intra party debates and dissent?”

Diksha JoshiAIR 19 · CSE 2021 · 209 wordsTheir whole copy

Opening · a constitutional or legal provision

Anti-defection law included as a result of 52nd Constitution amendment act under the 10th schedule of Indian constitution.

Body · points

→ Issues with functioning of anti-defection law:

  1. Allows for group defection in form of party merger but deters individual defection.

  2. Role of speaker as a deciding authority for defection is questionable owing to her party bias.

  3. Fear of defection does not allow for dissent in the assembly.

eq:- 103rd amendment act passed in 5 hours without much debate.

→ Suppression of debate:

  1. Legislators due to fear of defection do not protest against Bill passed in houses.

  2. Dissent cannot be expressed openly in parliament & intra-party meetings are not held frequently to allow deliberation.

However, anti-defection law is an important tool to check horse-trading & corruption that prevails across party lines to capture power & position.

To strengthen the law suggestions of Dinesh Goswami committee:

  1. To allow defection only during confidence & non-confidence

motion.

(2) To allow for a tribunal to decide in cases of defection can be effective rather than the speaker.

Close · a way forward

Defection as a practice is becoming common with recent cases in Karnataka, Manipur etc. and the law needs to be strengthened so as to allow healthy debates at the same time curb malpractice.

How toppers approach this question, and more on its topic: open the question.

Toppers’ answers to other close questions

Source: UPSC, Civil Services (Main) Examination 2013, General Studies Paper II, Q1. The paper on upsc.gov.in. Themes and links to toppers’ answers are by UPSC Grade, not by UPSC.