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The Anti-Defection Law, enacted in India in 1985 through the 52nd Amendment of the Constitution and modified by the 91st Amendment in 2003, aims to address political instability caused by elected legislators switching parties How does anti-defection reduce political instability? It enhances party diRead more
The Anti-Defection Law, enacted in India in 1985 through the 52nd Amendment of the Constitution and modified by the 91st Amendment in 2003, aims to address political instability caused by elected legislators switching parties
How does anti-defection reduce political instability?
It enhances party discipline and ensures stable governance by reducing frequent government changes and supporting political continuity. The law mandates legislators adhere to party decisions, promoting cohesive legislative action and deterring opportunistic behavior.
However, it also has limitations and challenges-
Critics argue that it curtails legislative independence by restricting legislators’ ability to vote according to their conscience and suppresses internal party dissent. Ambiguities in provisions and the role of the Speaker in deciding defection cases lead to delays and biased decisions.
Additionally, exceptions for mass defections or party mergers are exploited, leading to continued political maneuvering. Overall, while the Anti-Defection Law has promoted party discipline and reduced government changes, its limitations raise concerns about its effectiveness. It sometimes stifles democratic debate and individual legislative freedom, and loopholes indicate that further reforms are necessary to address political instability and opportunistic defections effectively.
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