The anti-defection law has been criticized for its ineffectiveness in achieving its objectives. The law has several loopholes leading to political opportunism and instability in the political system. To make the law more effective, there is a need for stricter enforcement and addressing the loopholes in the law. Comment.

Topic: Salient features of the Representation of People’s Act.

2. The anti-defection law has been criticized for its ineffectiveness in achieving its objectives. The law has several loopholes leading to political opportunism and instability in the political system. To make the law more effective, there is a need for stricter enforcement and addressing the loopholes in the law. Comment. (250 words)

Difficulty level: Moderate

Reference: The HinduInsights on India

Why the question:

After long years of legislative meanderings, Parliament enacted the anti-defection law (10th Schedule) in 1985 to curb political defection. Years have passed and this promise of political stability seems to be ending with the anti-defection law facing convulsions in Indian legislatures, especially in the last five years. The happenings in the State of Maharashtra are an example.

Key Demand of the question:

To write about the shortcomings of the anti-defection law and measures needed to make the law more effective.

Directive word: 

Comment– here we must express our knowledge and understanding of the issue and form an overall opinion thereupon.

Structure of the answer:

Introduction: 

Write about objectives of anti-defection law.

Body:

First, write about various features of anti-defection pertaining to disqualification.

Next, write as to why the anti-defection has been ineffective – lack of strict enforcement, loopholes in the law, encouragement of horse-trading, political opportunism, and the inability to criticize party policies. Substantiate with examples.

Next, suggest measures needed to overcome the above limitations and make the law more effective.

Conclusion:

Conclude with a way forward.