ADR Report on Post Election Defections by MPs and MLAs
Source:The Hindu ↗
ఇది ఎందుకు ముఖ్యం
It highlights structural vulnerabilities in India's representative democracy and the Anti-Defection Law, where elected representatives switch parties post-election, defying voter mandate and calling for robust electoral reforms.
సారాంశం
A recent report by the Association for Democratic Reforms (ADR) reveals that 111 sitting MPs and MLAs switched political parties after winning their elections, bringing the issue of political defection, legislative integrity, and ethics in governance back into sharp focus.
ముఖ్య అంశాలు
- According to a report by the Association for Democratic Reforms (ADR), 111 sitting MPs and MLAs changed their political parties after being elected.
- Such frequent party-hopping undermines the mandate of voters, erodes trust in democratic institutions, and bypasses the moral and legal intent of the Anti-Defection Law.
- Highlights the ongoing loopholes in political integrity, ethics in public life, and the efficacy of the Tenth Schedule of the Constitution.
ముఖ్యమైన పదాలు
Tenth Schedule
The Tenth Schedule of the Indian Constitution, added by the 52nd Amendment Act (1985), lays down provisions for disqualifying MPs and MLAs on grounds of political defection.
UPSC context
UPSC GS Paper II: Polity and Governance - Structure, organization, and functioning of the Executive and Judiciary; Parliament and State Legislatures.
Anti-Defection Law
A legal framework designed to prevent elected legislators from switching political parties post-election, managed under the Tenth Schedule with specific exceptions like legislative party mergers.
UPSC context
UPSC GS Paper II: Electoral Reforms, legislative integrity, and constitutional provisions relating to Parliament and state legislatures.
Association for Democratic Reforms (ADR)
A non-partisan Indian NGO established in 1999 that researches and advocates for electoral transparency, political funding accountability, and criminalization of politics using affidavits filed by candidates.
UPSC context
UPSC GS Paper II: Pressure groups, institutional mechanisms for transparency, and various governance challenges in Indian elections.
ప్రిలిమ్స్ ఉచ్చు
A split of one-third members of a political party exempts them from disqualification under the Tenth Schedule.
Aspirants often assume that a split of exactly one-third of a legislative party exempts members from disqualification, forgetting that the 91st Amendment (2003) removed the 'split' provision entirely and now requires a two-thirds merger.
అనుసంధానమైన స్థిర భావనలు
What are the key constitutional provisions and landmark judgments related to the Anti-Defection Law?
- Tenth Schedule: Added by the 52nd Constitutional Amendment Act, 1985, setting grounds for disqualification of MPs and MLAs on the ground of defection.
- 91st Amendment (2003): Eliminated the split exception; now requires at least two-thirds of a legislative party's members to merge for exemption from disqualification.
- Kihoto Hollohan (1992): Upheld the constitutional validity of the Tenth Schedule but ruled that the Speaker's disqualification orders are subject to judicial review.
అంతర-అంశ నమూనాలు
Defections & Separation of Powers
Post-poll party defection directly impairs the horizontal separation of powers by making the legislature subservient to executive-led horse-trading, raising questions about legislative autonomy.
Electoral Mandate vs. Legislative Defection
The rise of party-hopping by elected legislators challenges the core representation model of representative democracy, wherein voters elect individuals bound to a specific party manifesto.
Anti-Defection Law loopholes, Speaker's role in disqualification, and 91st Amendment changes are perennial high-yield Prelims topics.
అనుసంధాన PYQలు · 3
అనుసంధాన PYQలు · 3
- 2019MainsGS2
On what grounds a people's representative can be disqualified under the Representation of Peoples Act, 1951? Also mention the remedies available to such person against his disqualification.
- 2014PrelimsGS1
Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?
- 1998PrelimsGS1
Which one of the following Schedules of the Constitution of India contains provisions regarding Anti-Defection Act?
