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Examine the issues in the effective functioning of the anti-defection law. Does the law, while discouraging defections, also lead to defeat of healthy intra-party debates and dissent? Analyse.

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

4. Examine the issues in the effective functioning of the anti-defection law. Does the law, while discouraging defections, also lead to defeat of healthy intra-party debates and dissent? Analyse. (250 world)

Reference: www.prsindia.orgHindustan Times

Why the question:

The question is premised on the concept of anti-defection law and its utility.

Key Demand of the question:

Critically analyse the failures and lacunae of the anti-defection law in the country and suggest way out to it.

Directive:

Examine – When asked to ‘Examine’, we must look into the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.

Structure of the answer:

Introduction:

The Anti-Defection law was passed by the parliament in 1985, by the 52nd amendment to the Constitution which added the Tenth Schedule which laid down the process by which the legislators may be disqualified on grounds of Defection. It was passed by parliament to provide stability to governments and promoting party discipline, however the repeated cases of defections have questioned the viability of Anti-Defection Law.

Body:

Mention briefly what is Anti-Defection law, its importance but how it has been misused. Mention about the working of Anti-Defection law, the issues concerning the same.

Also, mention the importance of intra-party debates and dissent and the effect of anti-defection law on healthy democracy.

Present relevant court judgments to substantiate your stand wherever required.

Conclusion:

Conclude that there is a need to define the procedure clearly and set a definite and reasonable time limit for each step of the process, ensuring transparency.