Over the years, the role of individual Members of Parliament (MPs) has experienced a gradual diminishment, leading to a decline in the frequency of healthy and constructive debates on policy issues within legislative bodies. This trend has raised concerns regarding the effectiveness of parliamentary democracy in fostering robust discussions and facilitating informed decision-making. One significant factor contributing to this decline is the anti-defection law, originally legislated to curb political defections and promote party discipline. However, its unintended consequence has been the stifling of dissent and independent thought among MPs. The anti-defection law, by penalizing lawmakers who defy party lines, has effectively turned parliamentarians into mere mouthpieces of their respective parties, disincentivizing them from engaging in meaningful debates or voicing alternative viewpoints. Consequently, parliamentary sessions have become increasingly characterized by a lack of diversity in perspectives and a prevalence of partisan rhetoric rather than substantive discussions on policy matters. While the anti-defection law may have achieved its primary objective of maintaining party cohesion, its adverse impact on parliamentary discourse underscores the need for a reevaluation of its provisions to restore the centrality of individual MPs in shaping legislative deliberations and fostering a vibrant democracy.
Tag: Governance & Polity.
Decoding the Question:
- In the Introduction, try to briefly write about the diminished role of MPs and debate on the policies.
- In Body,
- Briefly write about Anti-Defection Law and its objectives.
- Write various issues of Anti-Defection Law and its impact on the role of MPs.
- In Conclusion, write the importance of the effective role of MPs and healthy constructive debates in Indian democracy.
Answer:
The 10th schedule more commonly known as the anti-defection law was inserted in the Constitution in 1985 through 52nd constitutional amendment act.It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of the legislature.A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote
Anti-Defection Law and its Objectives:
- The Tenth Schedule of the Indian Constitution inserted the provision of Anti-Defection Law in 1985. The Anti-defection law sought to prevent such political defections which may be due to reward of office or other similar considerations.
- It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of the House based on a petition by any other member of the House.
- It was legislated to ensure stability of the government in an environment where money power can be used to persuade individual MPs to bring down elected governments.
- MPs are elected on the party ticket. The voters have exercised their preference for a set of policies advocated by the party, and therefore, MPs should be bound by the decisions taken by the party.
Criticism of Anti-defection law:
- Against freedom of speech and expression of legislators: It interferes with the freedom of speech and expression of a legislator. A legislator is guaranteed this freedom under various provisions of the Constitution. The anti-defection law curbs this right by mandating that all members must vote strictly on party lines, and in complete obedience to party whips. By doing this, it takes away the ability of a legislator to vote according to his conscience.
- Prohibit dissents: It further prohibits voicing dissent against his party’s positions and policies, except through intra-party debate. Prohibition against dissent may undermine the role of Parliament as an effective check on the executive. Once a whip is issued by the ruling party in such a House, there can be no dissent or disapproval voiced by any of the members of the party having a majority. This may have a deleterious impact on government accountability.
- No accountability of legislators to people: The anti-defection law breaks this accountability link between the elected representative and the voter. Legislators can now claim that they voted in a particular manner because their party required them to do so. Their justification can be that they exercise no control over their vote and therefore ought not to be held accountable for it.
- Role of Mp’s diminished in Parliament: The anti-defection law also considerably diminishes the role of an MP in Parliament to that of a person who only follows orders of the party whip.
Parliament plays a major role in social welfare measures and security and economic growth. The people’s aspirations, growth, and their representation through elected representatives in the Parliament essentially underline that a healthy Parliamentary session would essentially mean the platform is effective enough to discuss the people’s issues. Parliament can only be effective only if individual MPs have a significant role as law makers. They can be held accountable by making amendments in the law for their actions.
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