What are merits and demerits of Anti-Defection Law?
Q. Which statements are true regarding merits and demerits of Anti-Defection Law?
1) It doesn’t differentiate between defection and dissent.
2) It checks mischief of defection.
3) Rules are same for defection of independent members and nominated members.
4) This does not bring stability in the legislature.- Published on 17 Mar 17a. 1, 3
b. 1, 2, 4
c. 2, 3, 4
d. 1, 2
ANSWER: 1, 2
Merits of the Anti-Defection Law -
1. It checks mischief of defection by checking tendencies of legislators to change parties.
2. This brings greater stability in the legislature.
3. It facilitates democratic realignment of parties in the legislature in the form of merger of parties.
4. It drastically reduces expenditure incurred on irregular elections as well as corruption at the political level.
5. For the first time a proper and clear constitutional recognition is provided to political parties.
Criticism of Anti-Defection Law -
- It doesn’t differentiate between defection and dissent.
- It curtails the legislator’s right to dissent and freedom of conscience.
- Thus, it clearly puts party bossism on a pedestal and sanctions tyranny of the party in the name of the party discipline.
- The difference it accords to individual defection and group defection is irrational.
- Thus ‘it banned only retail defections and legalized wholesale defections’.
- It does not consider the expulsion of a legislator from his party for his activities outside the legislature.
- The discrimination it undertakes between an independent member and a nominated member is illogical. For both the rules are different.
- Giving the decision-making authority to presiding officer is criticized because he may not exercise this authority in an impartial and objective manner.
- Also, the officer lacks the legal knowledge and experience to adjudicate upon the cases.
