UPSC Daily Answer writing practice GS-2 #3

The most important and most neglected part for Civil Services Preparation is answer writing. It is not about HOW MUCH YOU STUDY but CAN YOU WRITE within word limit and time frame. After UPPCS daily answer writing practice and  UKPCS DAILY ANSWER WRITING PRACTICE, ORACLE IAS comes out with new initiative UPSC DAILY ANSWER WRITING PRACTICE.

‘Defection of elected representative to other political parties is a sign of weakening of India’s parliamentary democracy’. Discuss the constitutional measures to curb defection and its efficacy . (150 words)

Answer framework:

  1. Introduction :

Short note why introduced. Could also mention the recent Karnataka fiasco.

  1. Body
  • Provision of the law
  • Issues/demerits
3. Conclusion

How could the law be improved.

The anti-defection law was framed to curtail ‘aaya ram gaya ram politics’ by the 52nd constitutional amendment (1985). As per the act the member is consider disqualified:

  • If voluntarily resigns from his party or disobeyed the directives of the party leadership on a vote.
  • Independent members : if they joined a political party.
  • Nominated members could choose to join a party within six months; after that period, they are treated as a party member or independent member.
  • A party could be merged into another if at least two-thirds of its party legislators voted for the merger.
  • The act gives power to the presiding officer, however after the ‘Kihoto Hollohan ‘ the decision is open to judicial review.

Though the the law’s objective is to provide stability to the government and party discipline but it has many unanticipated consequences:

  • It goes against the basis of a representative democracy in which the elected representative is expected to act in public interest and not party interest. It breaks the link between the elected representative and his electors.
  • It curtails the freedom of speech of the members as they have to take the party line.

Way forward

The law has many ambiguities and questions have raised time and again on the law. Recommendations of Election commission, Law commission, Dinesh Goswami committee should be discussed and applied by the political parties.