However, parts of the 10th schedule to the constitution of india was struck down by the supreme court in the case of kihoto hollohan v. Laws against party switching, defecting, or floorcrossing in. The anti defection law that was enacted by the 52nd constitutional amendment is indeed quite defective. Provisions which exempt splits and mergers from disqualification to be deleted. The anti defection law was passed in 1985 through the 52nd amendment to the constitution, which added the tenth schedule to the indian constitution. Mar 11, 2020 the dinesh goswami committee on electoral reforms, opined in 1990, that an amendment should be made to the anti defection law to restrict disqualification only to those cases, where an elected member defies a whip only in respect of motion of vote of confidence, which has the power to bring down one government or prop up another. The law similarly provides for few exceptional cases of exclusion, as on the ground of party merger. Read the meaning of anti defection and other provisions included in the 10th schedule. In this, congress mla demands the hearing on the delay of over a year and half by the state assembly speaker to decide the disqualification petitions filed against 10 congress mlas who defected to the bjp in july 2019. Political parties should limit issuance of whips to instances only when the government is in danger. The objective of this research paper is to check the constitutionality of anti defection law in uttarakhands case and its situation vizaviz karnatakas case of anti defection law. How political parties exploit the antidefection law to form. Nov 23, 2009 the anti defection law was passed in 1985 through the 52nd amendment to the constitution, which added the tenth schedule to the indian constitution. The main purpose of the law was to preserve the stability of governments and insulate them from defections of legislators from the treasury benches.
Anti defection law was brought in to promote stability. The absurdity of the anti defection lawsanskriti ias. Antidefection law the challenges the object of anti defection law was to bring down the political defections but due to ever increasing political dishonesty and corruption this law never evolved properly and now the question is that whether achieving the goals of this law is a reality or a myth. Sabharwal defection is more of a political question, and most legal issues that have come up have been examined and settled. Prs legislative research, the anti defection law intent and impact nov. While these effects can be directly attributed to the incentives that are generated by the legislation, the israeli case holds an important implication for the comparative study of anti defection. Antidefection law the challenges legal service india. Anti defection law 105 january march, 2012 from merely giving directions to convincing members of the merits of a particular vote. In 1985 the tenth schedule, popularly known as the anti defection law, was added to the constitution.
But, in kihoto hollohan case 1993, the supreme court declared this provision a. Anti defection laws is the constitutional engineering that tried to address and cater the issue of floor switching but the law that tried to protect the spirit of indian democracy has contemporaneously become a threat to transparent governance, freedom of choice and freedom to. Apr 15, 2020 kihoto case is an important case in relation to the antidefection law. Apr 27, 2020 this article discusses the content of the anti defection law as is in the xth schedule, its peculiar features at the time of passing, the role of the speaker, the two instrumental amendments 52nd and 91st to the constitution, the criticism to the law, suggestions and two interesting points to ponder regarding the debate with respect to intellectual growth v. There are several issues in relation to the working of this law which need to be discussed. The 52nd amendment to the constitution added the tenth schedule and amended various articles like 101, 102, 190 and 191 and its purpose was the incorporation of the process by which legislators could be disqualified in case of defection committed by. 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. In this schedule, unless the context otherwise requires, a house means either house of parliament or the legislative assembly or, as the case may be, either house of the legislature of a state. Second, the paper argues that anti defection law is not the optimal means to check. Last week, karnataka assembly speaker k r ramesh kumar disqualified 17 mlas for the entire term of the ongoing 15th assembly. This amendment helped to restrict the elected members belonging to a political party to leave that party and. In 1992, the supreme court decided this issue in kihoto hollohan vs zachilhu and others case 1. In a case where the question arises whether the member has disqualify or not, the question shall be referr for the decision of the leader of the legislature party and his. The anti defection law makes a mockery of parliamentary democracy by.
The anti defection law was passed in 1985 through the 52nd amendment to the. There is no time limit as per the law within which. Jul 03, 2020 anti defection laws are prevalent in 23 commonwealth countries. It accepted split within a party if at least onethird of the members of the legislative party defect, and allowed the formation of a new party or merger with other political party if not less than twothirds of the partys members. Download 10th schedule notes pdf for ias mains gs 2 2021. Many scholars may be surprised to learn that parliamentary members who switch parties during the session may be expelled from parliament because they violate the law in the country. Jul 26, 2018 like every other law, anti defection laws too come with their own merits and demerits. Antidefection law uttarakhand case 2016 dissolution. Burning issue disputes over antidefection law civilsdaily. It is high time that a watchdog should be provided to our. Mar 26, 2021 there could be a problem with the anti defection law, but a greater problem lies in lack of constitutional propriety and respect for the rule of law, and the spirit of the anti defection law. But considering the immature nature of our democracy and shameless political defections indiscriminately taking place in india, the anti defection law is an inevitability, though not an elixir, for ensuring. As india is one of the largest democracy in the world, having also the biggest youth oriented country but while going through level of the society. The anti defection law is in itself is quite defective, it had always been contentious legislation, as it had failed to deliver the purpose of its enactment.
Indian politics started facing the problem of political defection just after a decade when regional parties started gaining importance. Nominated mp resign from rajya sabha antidefection law pdf. Mar 24, 2021 the tenth schedule anti defection law was added in the constitution in 1985 which lays down the process by which legislators may be disqualified due to defection by the presiding officer of a legislature based on a petition filed by any other member of the house. Aug 04, 2020 the anti defection law was added to the constitution through the fiftysecond amendment act, 1985 when rajiv gandhi was pm. Second, the paper argues that antidefection law is not the optimal means to check. The adoption of antidefection laws in parliamentary. In this case the supreme court gave a wider prospect to resignation by voluntarily giving the membership. However, the constitution bench of supreme court in kihoto hollohan vs zachillhu and others case of 1991, declared that the decision of speaker. The history and relevance of antidefection law lawsisto. Dec 10, 2009 anti defection law was brought in to promote stability. Teenage depression and anxiety essay study defection on anti law case one page essay on macbeth, write an essay in about 300 words on the topic sardar vallabhbhai patel the iron man. Antidefection law ridden with loopholes, prone to misuse. Looking at the positive side, the law aims at providing stability to the government by punishing members in case of any party shifts on their parts. Provisions as to disqualification on ground of defection 349 1.
It may be recalled that the first victim of anti defection law as contained the tenth schedule was an m. Markandeya chand would ultimately render answers to many such queries and questions. This was the time when multiple state governments were toppled after mlas changed their political loyalties. The anti defection law was passed by parliament in 1985 and reinforced in 2002. Merits and demerits of the law like every other law, antidefection laws too come with their own merits and demerits. This law raises fundamental concerns regarding the role of a legislator in a parliamentary democracy. List of amendments of the constitution of india wikipedia. It makes the mp neither a delegate of the constituency nor a national legislator but converts them to be just an agent of.
The speakers role has come into prominence, once again, with rajasthan assemblys cp joshi issuing a notice to congress rebels sachin pilot and 18 other mlas under the antidefection law. The law must state out and iron the difficulties in implementing the provisions of the act and the power to decide must be vested in a more neutral bod. While discussing this case, the author, however, does not offer any criticism or comment of his own. However, a developing country like ours needs to change in order to develop.
The anti defection law sought to prevent such political defections which may be due to reward of office or other similar considerations. The main intent of the law was to combat the evil of political defections. It was introduced by way of the 52nd amendment in the constitution, which inserted tenth schedule in the constitution. General electioneer in 1967 and 1972, there were nearly 2000 cases of defections and counter defections 1. The remaining provisions were upheld by the supreme court. Text the anti defection law intent and impact background note for the conference on effective legislatures the anti defection law was passed in 1985 through the 52nd amendment to the constitution, which added the tenth schedule to the indian constitution. A good introduction in essay essay on my first day at the university essay on social service for class 6 ocr a level geography coursework example. Split would occur if members claim that their group represents a faction arising as a result of a split and they are not less than onethird of the total party membership. The anti defections law raises several questions, mostly have been decided by the courts and the presiding officers. Disqualification on ground of defection not to apply in case of merger. Aug 01, 2019 the anti defection law is subject to criticism mainly on the premise that it undermines the very concept of representative democracy. The antidefection law has adversely affected the functioning of parliament. 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.
When toppling game begins, speakers role becomes crucial 17 jul, 2020, 07. In this context, it is important to examine whether the antidefection law fulfils any purpose. Singh versus union of india case held paragraph 7 of schedule x to be invalid on the. Indias politicians have turned the antidefection law on its. Prepoll electoral fronts should be treated as political parties under anti defection law. Here in the article, all aspects of antidefection law are covered. Anti defection law and the 10th schedule of constitution. The anti defection law in india, technically the tenth schedule to the indian constitution, was enacted to address the perceived problem of instability caused by democratically elected legislators in indias parliamentary system of government shifting allegiance from the parties they supported at the time of election, or disobeying their parties decisions at critical times such as during. Also, anti defection laws try to bring about a sense of loyalty of the members towards their own party. Dealing with the case of the twenty, the author notes that anti defection law recognises both merger and split as legitimate. The object of anti defection law was to bring down the political defections but due to ever increasing political dishonesty and corruption this law never evolved properly and now the question is that whether achieving the goals of this law is a reality or a myth. The anti defection law provided a safeguard for defections made on genuine ideological differences.
The recent cases of tamilnadu and goa raised questions about the effectiveness and adequacy of the provisions of the anti defection provisions. The antidefection law in india, technically the tenth schedule to the indian constitution, was. So stability might in fact become an impediment to change. There was a time in the 1960s when an infamous slogan aaya ram, gaya ram was originated due to the continues practice of defection by the. This was cleared in the ravi s naik v union of india 1994. To discourage the practice of defection of members from one party to another after their election, the constitution fiftysecond amendment act, 1985 was enacted by the parliament. The anti defection law was inserted in the constitution in 1985 by the 52nd amendment act to combat the evil of political defections. Anti defection law provide disqualification of members from parliament and assembly in case of defection from one party to other. Madhya pradesh crisis another reminder that indias anti. Mar 16, 2020 the limitations of antidefection law were evident from the fact that 17 mlas, who resignedwere disqualified by the speaker for anti party activities, sought reelection and 11 of them got re. Antidefection law and its need in the present time. It also upheld the sweeping discretion available to the speaker in deciding cases of disqualification of mlas.
Transforming state capacity in india carnegie endowment for. Zachillhu 1992 scr 1 686, for being in contravention with article 368 of the. The analysis of the law needs to be done from the exam point of view. Politicians found loopholes in this law and used it for their own benefit. The tenth schedule was inserted in the constitution in 1985. Jan 11, 2021 supreme court schedules goa mlas defection case for february second week. In 1987 a full bench of the punjab and haryana high court in the prakash. So, despite its limitations and drawbacks, a law framed with all good intentions suffers because of mala fide intent today.
The defection of legislators long existed in the political system but an infamous case of 1967 led it to the introduction of a bill to enact an anti defection law by the rajiv gandhi government. Indias politicians have turned the antidefection law on. Does the anti defection law infringe right to speech and expression of the legislators. If people have chosen a representative from one party, she has no moral or legal right to defect to. Defection is a politically immoral act, and the anti defection law ought to have stamped it out. As per the tenth schedule, the decision of speakerchairperson on the questions of disqualification under the antidefection law shall be final and cant be questioned in the court of law. The much awaited anti defection laws was passed by the parliament in 1985. This paper studies such anti defection law in india.
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