The Need for Stricter Anti-Defection Laws in India

Title: The Need for Stricter Anti-Defection Laws in India

**Author:- Kunal Rai, Bennett University.

India, which is sometimes hailed as one of the most democratic nations in the world, has faced several political difficulties and moral conundrums throughout the years. Defection, or the act of elected candidates transferring affiliation from one political party to another, is one such problem that continues to stain India's political landscape. To address this ongoing problem and guarantee that elected representatives continue to be answerable to the people who vote for them, harsher anti-defection legislation is becoming is becoming the need for the hour in India.

The Tenth Schedule of the Indian Constitution, sometimes referred to as the "Anti-Defection Law," laid the foundation for anti-defection laws and regulations. The 52nd Amendment Act brought this about in 1985. The main goal was to stop legislators from switching parties for either personal or political reasons, which is a bad practise. These laws sought to preserve the confidence and trust that the public placed in their elected officials as well as to safeguard the integrity of the democratic process.

Although the anti-defection laws already in place have undoubtedly had some effect in preventing defections at a large scale, there is a increasing realization that more stringent regulations are necessary. The requirement for a more effective anti-defection framework is supported by a number of persuasive arguments. The ability of the people to select their representatives is at the heart of democracy. Defection compromises this key democratic tenet by enabling elected officials to change sides without facing consequences, essentially undermining the will of the people. Governments in which often defections take place become unstable and foster a climate of distrust. This may obstruct the execution of governmental plans and limit a country's progress. By preventing elected officials from defecting voluntarily, stricter anti-defection legislation can help maintain political stability. Horse-trading, in which political parties use unethical tactics to entice members from other parties, might be prevented by stricter anti-defection legislation. This practise diminishes public confidence in the political system and harms the reputation of Indian democracy. Every successful democracy is built on the principle of accountability. To ensure that legislators behave in the interests of their citizens and not for personal benefit, stricter anti-defection legislation can hold them more responsible for their choices and actions. The foundation of India's multi-party system is jeopardised when political parties become weaker as a result of widespread defections. The political system can be strengthened and parties can keep their ideological coherence with the aid of stricter anti-defection regulations.

At present, if a member changes the party within 15 days of being elected, they can keep their position. To reduce opportunistic defections, this time frame should be drastically cut. A group of members may combine their parties without being disqualified under the current law. To avoid the abuse of this provision, this clause should be reexamine. To remove uncertainty, the meaning of defection has to be clarified. Defective behaviour would be simpler to spot and punish as a result. A more severe punishment, such as a longer period of disqualification, should be applied to legislators who break the rules. This will serve as a more effective deterrence. To guarantee justice and openness, anti-defection laws should be implemented under the watchful eye of an independent organisation. If required, this organization can look into charges and impose penalties.

In order to maintain the integrity of the democratic process and keep the public's faith in the representatives they have chosen, India needs stronger anti-defection laws. This is a crucial starting point. India's democracy can be strengthened and political stability can be promoted through assuring accountability and lowering defection rates, both of which would eventually be advantageous to the whole nation. Legislators must urgently make new laws and enforce anti-defection legislation in order to safeguard the survival of Indian democracy, regardless of their party allegiances.