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The “Constitutional sin” of defection and party-hopping needs to be rooted out by root surgery. Examine.

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

3. The “Constitutional sin” of defection and party-hopping needs to be rooted out by root surgery. Examine. (250 words)

Reference: Hindustan Times , Indian Express 

Why the question:

The article talks about the misuse of anti-defection law.  Former Congress deputy chief minister of Rajasthan, Sachin Pilot and his companions, who are revolting with the possible objective to bring down the government of the political party that had set them up as candidates in the last legislative election, stand automatically disqualified as such by virtue of Article 191(2), read with the Tenth Schedule. This is the mandate of the Constitution and no one can hold otherwise. It is time to revisit the issue.

Key Demand of the question:

One has to narrate the recent incidents that are clear evidences of misuse of anti-defection law. And suggest measures to make the law more effective.

Directive:

Analyze – When asked to analyse, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary.

Structure of the answer:

Introduction:

Recent incidents in Rajasthan reflect state of Indian democracy in general and violation of anti- defection law in specific.

Body:

One can start by presenting the case of Rajasthan – explain the course of events that happened and highlight the misuse of anti-defection law.

Talk about the features of the anti-defection law in the country; The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act. It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House etc.

Then present the loopholes in it. Highlight the lacuna and challenges associated.

Suggest measures to overcome the same.

Conclusion:

Conclude with way forward.