"Delay in disqualification under the Anti-Defection Law weakens governance and undermines democratic stability." Discuss the provisions of the Anti-Defection Law and the role of the Speaker in its implementation. How does the delay in disqualification affect governance? Suggest reforms needed to strengthen the law.

Provision of Anti-Defection

1. for members of party → disqualification if "voluntary give up" membership or joins any party
2. for independent members → Stay independent and not join any party
3. For nominated member → can join within 6 months

(4) Exceptions (i) Merger by more than 2/3rd members is not defection (ii) Speaker / Deputy Speaker can voluntarily give up membership

Role of Speaker

1. Acts as Quasi-Judicial body for anti-defection pleas
2. Decides disqualification of the member in the law.
3. Decision allowed for Judicial Review (Nabam Rebia Case)

Impact of Delay in Disqualification

The Anti Defection does not provide any time limit on speaker to act thus leading to delays.

Impact

1. Defeats the very purpose of the law → no action against defection

2. Makes the government of the day vulnerable to fall → affecting governance → Eg: Maharashtra Speaker delay lead to fall of government

3. Leads to election of defected people again before disqualification → Eg: MP (2019) case

4. Leads to use of Money and Muscle power in governance → Checkbook democracy → Resort politics → Brings Governance at stall

Reforms Needed

1. Dinesh Goswami Committee → Transfer powers to Governor/President → 3 month timeline for action

2. SC in Keisham Meghchandra Case → Permanent Tribunal for anti-defection cases → Use restricted to case of fall of government

3. Constructive Motion of No confidence (German concept)