Anti-Defection law
Anti-Defection law defeats democracy: I believe the primary cause of this nation’s political decline is the “Anti-defection law.” This legislation was incorporated into the Constitution as Schedule 10 under Articles 102(2) & 191(2) by means of Constitutional Amendment No. 52 in 1985. The primary aim of this legislation was to stop MPs and MLAs from switching parties after being elected on a party ticket to a different party. At that time, everyone celebrated the amendment as a significant accomplishment of Rajiv Gandhi, believing it would put an end to horse trading.
(Anti-defection law bare Act.)
However, this law caused more damage than benefit to the Indian political system.
According to this law, any MP or MLA who did not follow the Whip of their political party and votes against the party’s direction would be taken to task. His membership in the Parliament or Assembly would be cancelled.
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In this context, the respect associated with the position of the Speaker of the House of Parliament or a State Legislature diminishes, as the Speaker undertakes the unpleasant tasks of a Political party leader.
This anti-defection law undermines the “Freedom of speech and expression” guaranteed by Article 19 of the Indian Constitution. It can be remembered that Nehru, when questioned about the honesty and integrity of MPs and MLAs upon being elected, stated that if they fail to fulfill their duties, they would be rejected by the electorate in the following elections.
Anti-Defection law defeats democracy
This anti-defection law, intended to curb immoral defection, is undermining democracy itself. This legislation is turning MPs and MLAs into subservients of their party leaders. I believe this anti-defection law is causing MPs and MLAs to be in a state of fear, leading them to choose whoever the party president prefers as PM or CM. The party leader suggested candidates for PM or CM who are genuinely loyal. Thus, Party leaders govern the nation without accountability. They are accountable for the political turmoil in the nation.
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