GS2 · 10 marks · 150 words

Anti-defection law has failed to address and resolve the evil of political defection satisfactorily. Discuss various issues surrounding the Anti-defection law and recommend some corrective measures.

Answered by 5 toppers · CSE 2020–2024

Parliament Elections and Representation Constitution and Basic Structure

Syllabus: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.

How toppers approached it

From 4 of the 5 answers · about 140 words · 75% drew a diagram.

Opening

A constitutional or legal provision3 of 4
A definition1 of 4

Body

Points and prose3 of 4
Points1 of 4

No separate close2 of 4
A summary2 of 4

The toppers’ answers

Madhav AgarwalAIR 16 · CSE 2024 · 158 wordsTheir whole copy

Opening · a constitutional or legal provision

The Anti Defection Law was introduced via 52nd Amendment Act 1985 and brought Tenth schedule to tackle 'Aaya Ram Gaya Ram' syndrome.

Yet it has failed because:

Body · points

Use of loopholes: such as resignation to reduce strength of house as seen in Madhya Pradesh.
Rampant horse trading continue: as alleged in Maharashtra, Rajasthan, Goa.
Biased role of Speaker: delays in giving judgement of defections (acted in partial manner).

④ Reversed accountability chain from the people to the political parties. ⑤ Individual conscience of MPs/MLAs harmed due to "party whips" by elites of party.

Corrective measures:

① Need to check wholesale defection and loopholes through new amendments. ② NCRWC(2000): recommended permanent disqualification of defectors. ③ ARC IInd & Dinesh Goswami Committee espoused role by neutral party like President/Governor under decision of ECI. ④ Make a whip applied only to non-confidence and key votes.

Defection promote trade in politics and need to be nipped off from the bud.

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