01 Jul 2022 Gradually Weakening the Anti defection law: Alarming threat to Indian democracy
Gradually Weakening the Anti defection law: Alarming threat to Indian democracy – Today Current Affairs
Context:
For the last few years, it has been observed that the anti-defection law described in the 10 schedules of the Indian constitution has been continuously losing its significance. Horse trading is not being stopped through this law. Recently in Maharashtra, we see open horse-trading, and earlier, in the case of Madhya Pradesh and Rajasthan, these types of efforts have been done.
Today Current Affairs
Introduction
For the democracy , the faith of the public in our representatives should remain intact otherwise the democracy would loose its significance . for this, our Judicial system should come forward . The issue of Maharashtra raises questions about how the political class is emasculating the anti-defection law which was described by the Supreme Court of India as “constitutional correctives against a legislatively perceived political evil of unprincipled defections induced by the lure of office and monitory inducements”. The Hindu Analysis
Nowadays Indian democracy is threatened by the internal flaws of the constitution (party politics ). For this country, democracy is the soul. Destruction of the democracy would be the biggest destruction for the country. The Supreme Court drew the attention of citizens to the very danger of subversion of democracy by unprincipled defection.
Important thrust areas : The Hindu Analysis
When the tenth schedule was introduced in 1985 during the period of Rajeev Gandhi with the intension that the defection should be stopped because defection is a type of the betray with the public who voted MP/MLAs and the rights regarding the ineligibility of the MLA/MP were given to the chairman of the house. But it is observed that every time chairman of the house supported his own political party because in India the chairperson of the house is related to a particular political party which is a big flaw, and should also be reviewed.
The law as it was enacted provided for the disqualification of a legislator belonging to a political party if he voluntarily gave up his membership of his party or if he defied the whip of his party by voting contrary to its directions in the legislative house. If the split in the party is done with more than 1/3rd majority, members would be exempted from the disqualification but those members either should make a new party or should merge in any other party. The disintegration of the party would be examined as per the constitution of the political party. However if the all member of the Shivsena leave the party , they can not be Shivsena they must rename the ShivSena .
Consciousness of the public is also necessary to protect the soul of the Indian democracy : The Hindu Analysis
In the case of Madhya Pradesh, those members were disqualified by the house, and most of them were reelected in the assembly election with the new party. If suppose they were defeated horse-trading could be discouraged but in such a situation, horse-trading was encouraged .
In fact, the awareness of the public is also important to save Indian democracy
Today Current Affairs
Conclusion
As per the above discussion, it has been observed that , the anti defection law is being degrading and continuously it is losing its significance. It has been failed to prevent from the defection. There is a need to review this law and the public awareness is also necessary in this regard. Those members who change the party should be rejected by the public the in next election . Here public should thing beyond the party politics . Once people start to reject all the betrayer members who change their party after taking money , the horse-trading would be discouraged . therefore, citizens of India must be come forward defection to save Indian democratic values
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Source : The Hindu (Editorial)
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