Introduction the term parliamentary privilege 1 is essentially used to describe the law relating to the privileges or immunities of parliament and includes its powers to punish for contempt or breach of privilege. Anti defection law and parliamentary privileges book. When an elected representative joins another party without resigning his present party for benefits, it is called defection. Introduction anti defection law, contained in the tenth schedule of the constitution was introduced in the 52nd amendment during the tenure of rajiv gandhi. In this course, jatin verma will do comprehensive coverage of indian polity for general studies mains paper ii with special reference to previous year questions. Buy antidefection law and parliamentary privileges book online at best prices in india on.
List of amendments of the constitution of india wikipedia. Indias experience of nearly 35 years with the antidefection law has. The anti defection law makes a mockery of parliamentary democracy by marginalizing debates, as the legislators are not allowed to dissent, without being disqualified by the house. But, exceptionally india can be traced to have passed anti defection laws.
Anti defection law and parliamentary privileges by subhash. Among the commonwealth countries, anti defection law is prevalent in 23 nations. The author is an accredited scholar in parliamentary affairs and has written excellent treatises on the topic of defection. The midsixties witnessed numerous instances of elected representatives leaving the parties on whose ticket they were elected, to join the opposition parties. The anti defection law makes a mockery of parliamentary democracy by marginalizing debates, as the legislators are.
Disruptions, rather than substantive debate, become the only form of opposition possible. The matter of electoral reforms has remained the most controversial issue on. The then central law minister stated that the passing of the 52nd amendment bill anti defection bill by a unanimous vote by both the houses of parliament was a proof, if any, of the maturity and stability of indian democracy. With a view to stop this, the anti defection law came into existence. Anti defection law is in practice not only in india, but it is practised in various other countries of asia and africa like bangladesh, south africa, kenya etc. Complementary role of the institutions by justice p. Antidefection law and parliamentary privileges by subhash kashyap. The bill seeks to amend the constitution to provide that an elected member of parliament or a state legislature, who has been. The anti defection law in parliamentary parlance, defection relates to the switching of allegiance by a member of a political party, 9 by either giving up his membership in. Issn 24554782 164 p a g e journal on contemporary issues of law jcil volume 4 issue 7 anti defection law. The anti defection act, incorporated in the tenth schedule of the constitution, has come into sharp focus ever since the bharatiya janata party engineered a majority in the uttar pradesh assembly with the help of defectors from other parties. Buy antidefection law and parliamentary privileges book online at.
This law also applies to the nominated candidates, who have a time slot of 6 months to choose any one of the available political. Anti defection is the law by which the persons who do defection are punished according to the rules of the law. The law has succeeded in some ways in fulfilling its aim to bring. Though it has the advantage of providing stability to governments and ensuring loyalty to party manifestos, it reduces the accountability of the government to parliament and curbs dissent against party policies. In order to revive debate and deliberations in the parliament, the use of whip can be restricted to noconfidence motion only.
The anti defection law is applicable to both the houses of parliament and also to the state assemblies. Whereas, it is expedient to provide for provisions relating to the conditions where. The constitution ninetyfirst amendment act, 2003 pdf. Like every other law, anti defection laws too come with their own merits and demerits. Antidefection law the challenges legal service india. An analytical study on the politics of defection in india. The relaxation of antidefection law in times of voting will not.
Pdf ananalyticalstudyonthepoliticsofdefectioninindia. Anti defection laws are the laws that prevent defection. Aarvi singh 3rd year ba llb student, rajiv gandhi national university of law abstract anti defection laws is the constitutional engineering that tried to address and cater the issue of. For the first time antidefection bill was introduced in the parliament.
The antidefection law in india, formerly known as the tenth schedule to the indian constitution. Parliamentary procedure, law, privileges, practice and. Whether dissent equals defection autosaved autosaved. Parliamentary debate has thereby become largely redundant. Schedule introduced the antidefection law in india by laying down that legislators. Nadu legislative assembly on the grounds of defection as a result of the. Anti defection law and parliamentary privileges by subhash c. A few parliamentary democratic nations such as india, pakistan, and bangladesh, have enacted an anti defection law, which prohibits a member of the legislature from switching to another party after being elected. Interpretation in this schedule, unless the context otherwise requires, a house means either house of parliament or the legislative assembly or, as the case may. A survey of parliamentary practices and conventions prevailing in other democracies in the world would point out that anti defection laws are in its infancy stage. Thus a defector is one who is elected from one party and enjoys power in another party. On the other hand, governance talks about how citizens are governed by the state. Thirdly, the veil of parliamentary privileges may be.
The adoption of antidefection laws in parliamentary. Laws against party switching, defecting, or floor crossing in national parliaments kenneth janda abstract many western scholars may be surprised to learn that parliamentary members who switch parties during the session may be expelled from parliament because they violate the law in their country. The manner in which the bjp engineered a majority in uttar pradesh has lent urgency to the demands to amend the law to ban defections. The indian government prevented political defections through the 52nd amendment act of 1985. Anti defection law 107 january march, 2012 the emphasis on debates and discussions is an intrinsic feature of the indian legislature as well. In simpler words, these rules prohibit the candidates who have lost the election from a particular political party, to change their party postelection. Laws against party switching, defecting, or floorcrossing.
They are expected to take far reaching decisions in the functioning of parliamentary. A person so found doing defection is disqualified to be a member of parliament or state legislature as the case may be. Over the past couple of decades a number of new democracies have adopted anti defection laws that penalize individual parliamentary deputies for changing their partisan affiliation during the. On monday, december 4, the chairman of rajya sabha disqualified two members of parliament mps from the house under the tenth schedule of the constitution better known as the anti defection law for having defected from their party. In this schedule, unless the context otherwise requires, a house means either house of parliament or the legislative assembly or, as the. Framing of anti defection laws the increase in the number of defecting legislators between 1967 and 1969 necessitated the framing of an adequate anti defection law. The main intent of the law was to combat the evil of political defections. Indian constitution historical underpinnings, evolution, features, amendments, significant provisions and basic structure. The anti defection law intent and impact background note for the conference on effective legislatures the anti defection law was passed in 1985 through the 52nd amendment to the constitution, which added the tenth schedule to the indian constitution. Buy antidefection law and parliamentary privileges book. The following can be cited as the advantages of the anti defection law. Anti defection law and parliamentary privileges by. Anti defection law provide disqualification of members from parliament and assembly in case of defection from one party to other.
The book indian polity, 6th edition is a mustread for the aspirants appearing for the civil services examinations as well as the other state services examinations. What is the anti defection law and how is it implemented. Antidefection law and parliamentary privileges pakistan. However, parts of the 10th schedule to the constitution of india was struck down by the supreme court in the case of kihoto hollohan v. Earlier this tenth schedule was related to the association of sikkim which was later rep. This amendment is being known as anti defection law. Anti defection law the challenges the object of anti defection law was to bring down the political defections but due to ever increasing political dishonesty and corruption this law never evolved properly and now the question is that whether achieving the goals of this law is a reality or a myth. President to parliament that the government intended to introduce in the current session of parliament an anti defection bill.
Anti defection law 1 introduction the anti defection law was passed in 1985 through the 52nd amendment to the constitution, which added the tenth schedule to the constitution. The antidefection law deals with situations of defection in parliament. Polity as a subject deals with the constitution, the local administration, the parliament, the union, and the state, etc. Before defining anti defection law, we should understand the meaning of defection. Anti defection law definition defection means switching sides for ones own vested interests. Pdf in a parliamentary system, party discipline is the impulse. Anti defection law and parliamentary privileges pdf best of all, they are entirely free to find, use and download, so there is no cost or stress at all. Laxmikanth indian polity 6th edition pdf download for upsc. Also, anti defection laws try to bring about a sense of loyalty of the members towards their own party. This bill is meant for outlawing defection and fulfilling the above assurance. Anti defection law in india a boon or a bane by ayushi saumya and aishik majumder from symbiosis law school, pune abstract the 52nd amendment to the constitution added the tenth schedule which is the anti defection law with an aim to combat political defections.
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