UPPCS Mains- 2018 answer writing practice || UPPCS मुख्य परीक्षा – 2018 उत्तर लेखन अभ्यास #3

UPPCS Mains- 2018 answer writing practice || UPPCS मुख्य परीक्षा – 2018 उत्तर लेखन अभ्यास #3

Q)  ‘Anti-defection law was framed to stop horse trading’. Critically analyse the anti-defection law.

  1. 52nd Constitutional Amendment Act, 1985 provided for the disqualification of members of Parliament and state legislatures on ground of defection from one party to another. It added a new schedule i.e. Tenth Schedule to the Constitution. This Act is also known as anti-defection law.

Defection was leading to horse trading and corruption and thus endangering our parliamentary democracy.

Positives:
• Provides stability to the governments by banning defections.
• Lessen the burden of unnecessary elections.
• Reduces corruption by denouncing the ill practices in politics.
• Hailed as one of the most important step towards strengthening our democratic set up.

Criticism :
• Doesn’t differentiate between dissent and defection. It curbs legislature’s right to dissent.
• Often regarded as the reason behind falling standard of debates inside the House as members keep themselves away from expressing their independent views on government’s policies.
• Law discriminates between an independent member and a nominated member. If an independent member joins a party, he is disqualified while nominated members are allowed for the same.
• The authority of presiding officer is criticized on grounds of politically influenced decision and his/her expertise in acting as an adjudicating officer.

 

Way Forward

  • Restrict the application of anti-defection to provisions that threaten the stability of the government such as confidence motion, no confidence motion, etc (Recommended by Dinesh Goswami committee, NCRWC)
  • Taking away the power of disqualifying members from the hands of Presiding Officers and the decision should be made by the president or the governor on the advice of the Election Commission.

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