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:
Allows for group defection in form of party merger but deters individual defection.
Role of speaker as a deciding authority for defection is questionable owing to her party bias.
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:
Legislators due to fear of defection do not protest against Bill passed in houses.
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:
- 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.
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