Anti defection law

I think main culprit behind this political degeneration of the Country is “ Anti defection law “under Schedule 10 as Articles 102(2) & 191(2), enacted in 1985 as Constitutional Amendment No. 52. This law was enacted to prevent defection of MPs and MLA from their Parties after getting elected on a party ticket. Everyone in those days hailed the amendment as land mark achievement of Rajiv Gandhi thinking that it would stop horse trading.

But this law did more harm than any good to the Indian polity.

According to this law any MP or MLA who did not follow the Whip of their political party and votes against party direction he would be taken to task. His membership to the Parliament or Assembly would be cancelled.

Here, dignity of the office of the Speaker of the house of the Parliament or a State  Legislature is eroded for the Speaker carries the dirty work of Political party boss. 

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This law of anti defection eats away “Freedom of speech and expression“ guaranteed under Article 19 of the Constitution of India. It may be recalled that Nehru when asked about honesty and integrity of MPs and MLAs when elected Nehru replied that if they do not do justice to their office they would be rejected by people in next elections.  

This anti defection law which should check unethical defection is checkmating democracy itself. This law is making MPs and MLAs slaves of their political party bosses. I think this anti defection law is making MPs and MLAs to live in fear psychosis and hence they elect whoever is asked to by the party president as PM or CM. Party president proposed candidates as PM or CM who are true to their salt. So that Party presidents are ruling the country without responsibility. And are responsible for Political chaos in the Country. 

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