Anti-Defection Law Reforms

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The article discusses strengthening India's anti-defection law to address delays and loopholes, promoting democracy and political stability.

India's anti-defection law, introduced in 1985, aims to curb party-switching by legislators, which destabilizes governments and weakens democracy. The law emerged after several incidents in the post-Independence era, especially during the "Aya Ram, Gaya Ram" period when legislators frequently switched parties for personal gains. This led to destabilization and forced fresh elections.

While the anti-defection law has curbed such defections, several loopholes and delays in implementation remain. One major issue is the Speaker’s discretionary power in disqualifying defectors, often leading to delays. Defectors continue holding office during these delays, undermining the electoral mandate. The law also lacks transparency and is criticized for favoritism.

To address these issues, two amendments are proposed. First, a fixed time limit should be imposed for the Speaker or Chairperson to decide on defection cases. Second, transferring this power from the Speaker to an independent tribunal would ensure neutrality.

Additionally, the focus should be on limiting political maneuvering and ensuring accountability to uphold the democratic process. The editorial emphasizes that stronger reforms will preserve the integrity of elected representatives and reduce misuse of power while fostering political stability.