Analysing The Anti-Defection Law In India: Challenges And Way Forward
- IJLLR Journal
- 3 hours ago
- 1 min read
Hariharasudhan S, B.A. LL.B. (Hons.) School of Excellence in Law, The Tamil Nadu Dr Ambedkar Law University, Chennai.
Abirami Sri A, B.A. LL.B. (Hons.), School of Excellence in Law, The Tamil Nadu Dr Ambedkar Law University, Chennai.
ABSTRACT
Democracy, as one of the key limbs of the Basic Structure Doctrine, functions through Political Parties and their inter-party democracy. Indian electoral politics has long been known for its defection practices, like floor crossing by elected legislators. To restrict and discourage this practice by elected representatives, the tenth schedule was introduced in 1985 through the 52nd Constitutional Amendment to the Constitution of India. Though the tenth schedule clears its constitutionality test in the Kihoto Hollohan (1991) Judgement, its purpose and effectiveness are still an issue. Exception of merger facilitate legislators from political parties with lesser number of representatives to cross the floor. Earlier difficulties like Excessive power of the Presiding Officer of the House (i.e. the Speaker or the Chairman), Blanket ban on Judicial Review and one-third exception called the split have been rectified through subsequent Amendments and Supreme Court judgments.
Internationally, a few Asian and African countries enacted the Anti- Defection Laws, whereas countries in Europe, like the UK, follow widely accepted conventional norms to deal with defections. This Article attempts to study the problems surrounding the tenth schedule and provide possible solutions and policy analysis through a comparative study.
