Anti-Defection Law – Executive Summary (UPSC)
What: The Anti-Defection Law (10th Schedule) aims to prevent floor-crossing by elected representatives, ensuring party discipline & government stability. It disqualifies MPs/MLAs who change parties or defy party whip.
Why (Issues):
- Erosion of Representative Mandate: Frequent disqualifications necessitate by-elections, disrupting governance & increasing costs.
- Lack of Internal Party Democracy: Doesn’t address why defections happen – often internal dissent ignored.
- Grey Areas & Delays: Speaker’s discretion leads to delays & allegations of bias; judicial review limited.
- Horse-trading persists: Doesn’t fully curb inducement/coercion.
Way Forward:
- Independent Tribunal: Replace Speaker with an independent body for quicker, impartial decisions.
- Time-bound Resolution: Mandate swift resolution of disqualification petitions.
- Address Root Causes: Promote internal party democracy & transparency.
- Clarify Scope: Define ‘voluntary’ resignation to prevent engineered defections.