Saturday, 10 December 2016

Should the anti-defection law be repealed,as it proved to be ineffective in recent cases of defection in several Legislative Assemblies?

- Those who argue that anti-defection law should be repealed consider MLAs as delegates of the constituencies,who can take decisions which they think is best for their constituency.

-Thus,legislators as delegates have freedom of choice.

-This is the manner in which legislators are treated in Western Democracies like U.S.A. and U.K. and thus, they don't have an anti-defection law.

-But in India,the case is different.

-For indian voters, political party is the primary concern.

-Thus,a legislator in India is a trustee of the political party, who has limited or no freedom of choice.

-Therefore,a robust anti-defection law is necessary for smooth functioning of legislatures.

-Present anti-defection law must be amended and the authority to disqualify defecting legislators should be vested in the hands of an autonomous body ,rather than with an often partisan speaker.

Source:The Hindu

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