Question

What is an anti-defective law

Answer 1

The anti-defection law seeks to ensure that the legislators do not change sides to ensure stable governance. However, this law also restricts a lawgiver from voting in accordance with his electorate's conscience, opinion and interests. It impedes the oversight of the government function of the legislature by ensuring that members vote on the basis of the decisions taken by the party leadership rather than what their constituents want them to vote for.

Explanation:

• For a long time, political defection  by politicians have besmirched the Indian political scene. This situation has created greater political system instability. Legislators have frequently changed parties and caused chaos in legislatures as governments fell. In short, political instability has often been brought about. The right-wing politicians in the country had serious concerns
• Finally, in 1985, the government of Rajiv Gandhi tabled a draft amending the Constitution and curbing defection. This amendment added to the Constitution the 10th Schedule of the Constitution, which includes the anti-defection law.
• The purpose is to curb political defection by the legislators. There are 2 grounds on which a member of a legislature can be disqualified.
• One is to disqualify the Member, if the Member voluntarily surrenders the membership of the Party.It is not the same as resigning from a party willingly to give up membership. Even if the Speaker of the House concerned draws a reasonable conclusion from his actions that the Member agreed to forfeit the membership of his party, it may be disqualified to lawmakers without resignation.
• Second, if a legislator votes against his party's leadership in the Chamber and his actions are not endorsed by his party, he can be rejected. These are two reasons for disqualifying a legislator from being a member of the House.
• There is, however, an exception to protect legislators from disqualification provided for under the legislation. The 10th schedule says that if there is a merger between 2 political parties and two thirds of the leaders of the legislative body agree to merge then they  would not be disqualified
• Political parties provide MPs with a guidance on how to vote on most questions, regardless of their nature. Several experts have suggested that legislation should only apply to votes which determine the government's stability (passage of the annual budget or motion for no confidence)