22 July 2024 : Daily Answer Writing

Q1) Discuss the challenges created by anti-defection law and suggest measures to enhance its effectiveness as a deterrent against political corruption.

(150 Words/10 Marks)

Anti-Defection Law (1985) is a constitutional amendment act of the Parliament, creating the 10^th schedule. The law intends to check political corruption by preventing political defections. However, Anti Defection Law itself suffers from several issues, as can be seen from:

1. Role of constitutional high offices:

a) As per critics, the incidents of delay on behalf of the presiding officers, to decide on the anti-defection proceedings, smacks of partisan attitude. E.g., the lackadaisical attitude of speakers of Bengal (2021) and Manipur (2021) with respect to deciding on Anti-Defection petitions was objected to by the SC.

b) The role of gubernatorial offices with respect to Anti-Defection Law has also come under critical scrutiny.

E.g., misuse of position of Governor where he/she directs a floor test before anti-defection proceedings are completed; Arunachal Pradesh’s governor’s direction (2016) to the speaker to maintain a particular party wise composition.

2. Misusing loopholes: As per experts, legislators resign from the office thus bringing down the effective strength of the house, facilitating illicit political mergers or destabilising the government.

3. The law provides for an irrational distinction by allowing group defection by merger between political parties and disallowing individual defections. E.g., recent defection and fall of elected government in Maharashtra.

4. As per some experts, in light of monetary inducements and fear of investigative agencies, Anti Defection Law has ceased to be an effective deterrence.

E.g., allegations of defections in Maharashtra, Karnataka, Uttarakhand based on political exigencies.

5. Curbs intra-party democracy: As per some critics, the Anti Defection Law stands as antithetical to the principles of freedom of speech and expression, and also the party whip undermines the scope for dissent, even where justified.

In order to make Anti Defection Law effective in exacting its desired purpose, it is an imperative to:

1. The extent of Anti Defection law may be extended to include pre poll alliances. In this regard, an appropriate amendment to the law may be made after inter-party consensus.

2. The possibility of transferring the role of presiding officer, with regard to Anti Defection proceedings, to the ECI can be explored.

3. Steps must be taken to fill the gaps/loop-holes.

E.g., provisions should be added to disincentivize people from defecting for political exigencies.

4. The occupants of the constitutional offices must restraint from acting in partisan manner and follow constitutional propriety/morality.

5. Have strict time lines for the presiding officers to decide on the Anti Defection petitions. Further, in order to maintain political neutrality, the British system of Speaker resigning from political party may be adopted.

Defection, especially when done for vested interests, is a breach of trust that the electorate poses on their representative. All-encompassing approach is needed for making the Anti Defection law more effective and efficient.