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Reform of Political party system in India vs Anti – Defection law

04 Mar 2024 Reform of Political party system in India vs Anti – Defection law

Posted at 18:12h in Daily current-affairs by
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Source – The Hindu and PIB.

General Studies: Indian Politics and Governance, Political Parties in India, Anti – Defection Law, Schedules of the Indian Constitution, 52th Constitutional Amendment in India,  91th Constitutional Amendment in India, 2003

Why in the News ?

 

  • Recently, the Maharashtra Legislative Assembly Speaker has given his decision on February 15, 2024 regarding the internal division within the Nationalist Congress Party (NCP) in 2023.
  • No MLA from any faction of the NCP was disqualified by the Speaker of the Maharashtra Legislative Assembly, and the Ajit Pawar faction has been recognized as the “real” NCP.
  • Just ahead of the nationwide general elections in 2024, Congress and Rashtriya Janata Dal MLAs in Bihar have crossed over to the Bharatiya Janata Party (BJP).
  • Cross voting took place in favor of BJP in the recently held Rajya Sabha elections in Himachal Pradesh. The MLAs concerned have now been disqualified under the anti-defection law.
  • Some time ago, MLAs were disqualified in the Andhra Pradesh Assembly also under the anti-party law.
  • Recently, even in the context of Shiv Sena Party, Eknath Shinde faction was recognized as the real successor of Shiv Sena Party.

 

There is an urgent need to take some important steps to reform Indian politics or to reform the political party system in India, as it is the cornerstone of India’s parliamentary democracy. By improving the electoral process in India, the internal and external condition and direction of political parties, and the accountability of elected representatives to the public, a strong and just political system can be established. Therefore, under the Anti-Defection law in India, some important measures to improve the political party system in India are as follows –

 

Currently Need for the Political party System improvement in India  :

 

  • Political parties in India must commit to the fundamental principles of democracy.
  • The Election Commission should be allowed to face challenges more proactively and given even greater powers and independence.
  • Need for change in leadership : The feeling of internal democracy and accountability should be promoted in political parties. Parties should make changes in the selection of members and include youth, women, and economically weaker groups.
  • Focusing on national and international issues : Political parties in India should focus on national and international issues so that they can work towards the prosperity, security, and development of the country.
  • Rise of fundamental Morality : Political parties in India need to work not in conflict with each other, but on the basis of basic morality and goodwill among themselves in India. They should make political policies in India for the public good.

There is a need to improve the current election process in India :

  • Ensuring fair elections in India : The Election Commission should be provided with more powers and independence to ensure electoral fairness in India. Support for bold and independent media should be increased.
  • There is a need to change the funding system for election expenses : In India, public funding for election expenses should be encouraged instead of funding political parties through electoral bonds. During elections in India, candidates should be encouraged to collect election funds directly from the public.

Need to promote the use of mechanical or electronic voting machines in elections :

Promoting the use of electronic voting machines :

  • The use of electronic voting machines should be promoted to reduce physical queues of people in election booths during elections in India. There is a need for a special electronic system to function safely and in emergency situations during the electoral process in India. There is a need to make technical improvements to make electronic voting machines more secure and reliable.
  • There should be more strictness in the security of election booths in India so that there is no tampering of any kind in the election process.

Reforms in the Electoral System based on proportional representation :

 

 

Selection based on population of different social groups :

  • Proportional representation should be promoted to maintain proportional representation based on the population of different social groups, so that justice can be ensured to all sections in the society.

Promoting representation of Women and Youth :

  • Representation should be promoted to make women and youth aware on the basis of prosperity.
  • It should be mandatory for women to have 50 percent seats among elected representatives.

There is a need to increase political education and political awareness among the public :

  • Education and awareness should be promoted to make the public in India aware of political processes, election plans of candidates, and actions of political parties.

Need to support Political education :

  • Political education should be made important among the people at the school and college level in India so that the Indian youth can positively participate in the political processes in the elections held in India.

Making elected public representatives accountable to the public :

  • In elections in India, elected public representatives should use rational means to maintain more contact with the public. Along with this, elected public representatives should be made accountable to the public.
  • As a result of the public service rendered by elected public representatives, they should present themselves before the public from time to time in public meetings and schools.

Reforms in the political party system in India cannot be possible only with the cooperation of political parties, but only with the participation of all sections of the society. Therefore, it is very important to make the public aware about elections and the electoral process and involve them positively in the electoral process.

 

Anti- Defection law in India : 

  • Anti-defection law in India has been created to curb frequent defection by members of the House (Members of Parliament and State Legislature Members). Its objective is to prevent incidents of defection and maintain political stability in the country or state.
  • The main objective of the anti-defection law is to prevent elected members from specifically changing their party or voting in opposition and to maintain the stability of the political situation.
  • The Anti-Defection Law attempts to control parliamentary members from defecting. Following are some important provisions of anti-defection law in India – 

Anti – Defection law in India and its beginning :

  • Anti-defection law in India is included in the Tenth Schedule of the Indian Constitution and was enacted through the 52nd Constitutional Amendment Act of the Constitution of India in 1985.

Provision for disqualification of members of the House :

  • In India, if a member of the House gives up the membership of his original political party, he can be disqualified from membership of the House, and he can be expelled from that House (from membership of Parliament and membership of the State Legislature).

On not attending the voting in the House or voluntarily giving up his membership :

  • In India, if a Member of Parliament or a member of a State Legislature votes in the House against the instructions of his parent political party or abstains from voting, he can also be disqualified from his membership.
  • In India, a member can voluntarily give up his/her membership on grounds of resignation, and an MP or MLA is not required to resign from his/her party for disqualification.
  • There is a provision for disqualification or disqualification from the House of a member elected as a member of any House in India when he voluntarily changes party or votes against the instructions of his party.

 If a member of the House joins a political party other than his own :

  • In India, there is a special provision for disqualification from membership if a member joins a party other than his parent party.
  • There is a provision for disqualification or disqualification from the House of a member elected by membership, if he voluntarily changes party or votes against the instructions of his party.

To recognize the merger of a political party with another party :

  • In India, if a member of the House presents a proposal for merger and at least two-thirds of the members of his original party agree to his move, he can be disqualified.

Exemptions and exceptions to disqualification :

  • Under the anti-defection law in India, a member is not disqualified if the member merges with his parent party and at least two-thirds of the members of the parent party agree to the merger.
  • In India, the constitutional amendment made in the year 2003 has abolished the exemption from disqualification if one-third of the members form a separate group.
  • An exception or exemption to disqualification under the anti-defection law in India may also apply if the member has not accepted the merger and has chosen to function as a separate group, disqualifying him from membership of the House. Cannot be done.
  • Under certain exceptions and exemptions to anti-defection laws in India, a member is not disqualified if his parent party merges with another party with his consent.

Disqualification of members of coalition government :

  • The Supreme Court in India, in one of its decisions, has given the right to members of the coalition government to join the Council of Ministers as independent MLAs.
  • Apart from this, the Supreme Court of India has given clear instructions in some cases that if a member of the House voluntarily gives or presents the proof of his resignation and change of party, then his doing so will lead to disqualification from the membership of the House. Can become the basis.

   

 

Through these provisions in India, attempts have been made to control the incidence of defection, thereby preventing the toppling or dissolution of any elected governments and maintaining stability within the political parties of India.

Conclusion / Path to solution :

 

  • The political system in India is an important and vibrant component in which various political parties and organizations actively participate with their own viewpoints and objectives. However, there are many problems in this system, due to which controversies often arise in it, one of which is the issue of anti-defection law in India.
  • There is a need to find a solution on the basis of all the major parties on the issue of reforming the political system in India versus anti-defection law. This can be seen as a way to implement reforms, with the participation of all major parties in India, so that the general public can be empowered in India’s political process.
  • Reforms in the political party system in India can act as a means to ensure that Indian political parties maintain the ideals of dedication, morality and public interest towards the country and the general public and step towards a democratic and equitable political system in India. Can increase.
  • Reformists say this change will motivate political parties to be more liberal and work in the public interest. This will require parties to maintain relationships in a democracy and especially with citizens. It also includes that the responsibility of political parties to keep their members dedicated and support their rights will increase.
  • The main objection of those opposing such a reform is that such a law could give more power to the government in power and thereby suppress the opposition, thereby going against the basic concept of democracy. He believes that the government is also in danger of promoting its own interests and could neutralize the opposition.
  • Opponents are against the bias or negativity of the law. He believes that instead of reforming the political parties, its purpose may bring them into disarray and suppress the expressions being made against the government. As a result, constitutional rights in terms of freedom and diversity may be violated.
  • In this debate, there is a need to improve social prosperity, democracy and public interest through government policies. The government and the opposition together need restraint and awareness to maintain a better anti-defection environment. From a social prosperity point of view, it is important that political parties encompass different sections of the society and work in the interest of all.
  • This can only be solved with the right support and cooperation from the government, the opposition, and all sides of the society, so that this reform can strengthen the situation strategically, economically and politically and give people confidence that things are working in their interest. Is.
  • Through reforms in the political party system in India, through transparency and social justice in the political process, political parties can be made more accountable to the general public for their actions and decisions, which can increase public confidence in democracy. Is. Apart from this, such reforms will increase the effectiveness of political parties and they can become stronger and helpful to the public.
  • Ultimately, it is important to have a public debate and hearing on this issue to find a sustainable and constitutional solution that improves the political process and accommodates all views.

Practice Questions for Preliminary Exam :

Q.1. Consider the following statements regarding anti-defection law in India.

  1. It is in the Eleventh Schedule of the Indian Constitution।
  2. It was enacted through the 52nd Constitutional Amendment Act of the Constitution of India.
  3. The Supreme Court in India has given members of the coalition government the right to join the Council of Ministers as independent MLAs.

Which of the above statement / statements is/ are correct?

(A) Only 1 and 3 

(B) Only  2 and 3

(C) None of these

(D) All of these. 

Answer – (B)

 

Practice Questions for Main Exam :

Q.1. Highlighting the important challenges facing the reform of the political party system in India, discuss what is the relevance of anti-party law and reform of the political party system in any democratic country? Give a logical explanation.

 

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