what is anti defection law

what is anti defection law

1 year ago 60
Nature

The Anti-Defection Law is a law in India that deals with situations of defection in Parliament or state legislatures by members of a political party, independent members, and nominated members. The law was enacted in 1985 and reinforced in 2002. The law aims to prevent MPs from switching political parties for any personal motive. The Anti-Defection Law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for another. The law applies to both Parliament and state assemblies. The law allows legislators to change their party without incurring the risk of disqualification in limited circumstances. The law laid out the process for disqualifying an elected member for the remaining term, who either resigned from, voted against the will of the belonging party). The Anti-Defection Law has created a democracy of parties and numbers in India, rather than a democracy of debate and discussion. The law has been criticized for limiting a legislator from voting according to his conscience, judgment, and electorate’s interests. Some commentators have said the law has failed and recommended its removal.

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