Unravelling the Anti- Defection Law in India: A Critical Examination of its Constitutionality
DOI:
https://doi.org/10.31078/consrev1127Keywords:
Anti-defection law, Constitutional validity, Political instability, The constitution (fifty-second amendment) act of 1985, Tenth scheduleAbstract
Since its introduction in 1985 to prevent political defections and maintain political stability, India’s Anti-Defection Law has been widely misused, leading to a heated constitutional debate. The anti-defection law’s constitutional ramifications are critically examined in this paper, focusing on how it has been misused within the Indian political landscape. It examines the background and purpose of the law, highlighting its fundamental objective of ensuring political stability. It also discusses the legal framework within which the law operates. Subsequently, it explores instances of abuse and misuse, such as politically driven defections, intimidation and threats, and horse-trading and inducements, exposing the deterioration of democratic principles in the country’s political landscape by examining important defection episodes of the recent past in the states of Karnataka (2019), Goa (2019), Telangana (2019), Madhya Pradesh (2020) Maharashtra (2022). The article also considers judicial perspectives, particularly in the context of the role of the Speaker, to provide insight into the evolving legal landscape surrounding the law. Given the multi-faceted issues compromising the effectiveness of the anti-defection law, the paper’s conclusion emphasizes the necessity of looking for alternatives to the anti-defection law, such as building robust democratic conventions and practices and party cohesion, to defend the political conscience of Indian democracy.
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