Question Q.11How has; discussGS2GS2

How has the Anti-Defection Law impacted the relationship between political parties and individual legislators in India? In light of the recent incidents also discuss the unintended consequences it has on the functioning of democracy in India.

Main Body

Anti-defection laws, 1985 is a Constitutional Amendment act inserted in the Tenth Schedule of the Constitution. It was enacted to prevent political corruption through defection of individuals from one party to another. IMPACT OF THIS LAW ON THE RELATIONSHIP BETWEEN POLITICAL PARTIES AND LEGISLATORS → Hamper inner party democracy: Legislators cannot dissent or disagree with their party on many important national issues. → Permits wholesale mergers but prevent retail mergers → Allurement through promise of postings of ministership makes legislators to leave their party and join another. → Instability in the relationship

UNINTENDED CONSEQUENCES ON DEMOCRACY → Dissent stifled: New opinions or differences are not heard. MPs cannot vote their conscience, as they cannot defy. → Thus, MPs work for their party and not for the people of their constituency. → This weakens representative democracy → Downfall of governments, eg. in Maharashtra → Instability in policy making → Political corruption. WAY FORWARD → Speaker should exercise non-partisan role while announcing disqualification for defection. → The laws should apply to pre-poll alliances. Thus, anti-defection law needs to be rethought and re-designed.

— Ruhani · AIR 5

180 words1 paragraphs

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Topper

Ruhani

AIR 52023

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Elections and Electoral Issues

Anti-Defection Law and its Impact on Democracy

Writing Stats

180

Total words

Paragraphs

analytical and prescriptive

Tone

Linked PYQ

A private company is known for its efficiency, transparency and employee welfare. The company though owned by a private individual has a cooperative character where employees feel a sense of ownership. The company employs nearly 700 personnel and they have voluntarily decided not to form a union. One day suddenly in the morning, about 40 men belonging to a political party gate-crashed into the factory demanding jobs in the factory. They threatened the management and employees, and also used foul language. The employees feel demoralized. It was clear that those people who gate-crashed wanted to be on the payroll of the company as well as continue as the volunteers/members of the party. The company maintains high standards in integrity and does not extend favours to civil administration that also includes law enforcement agency. Such incidents occur in public sector also. (a) Assume you are the CEO of the company. What would you do to diffuse the volatile situation on the date of gate-crashing with the violent mob sitting inside the company premises? (b) What could be the long-term solution to the issue discussed in the case? (c) Every solution/action that you suggest will have a positive and a negative impact on you (as CEO), the employees and the performance of the employees. Analyze the consequences of each of your suggested actions.

20M2015