Anti-defection law in india: intricacies concerning it

Author: 
Pranav Gosain and Shrieya Gosain

The 52nd Constitutional Amendment Act of 1985 added the Tenth Schedule to the Indian Constitution, prominently known as the Anti Defection law. Defecting party individuals represented a danger to the very establishment of the Indian majority rule government and the rules that managed it. The schedule specifies the grounds on which an abandoning part stands excluded from his unique political party. The law likewise contains a few special cases from exclusion, as on account of a party merger. The present article tries to give a short examination of the grounds said in the Tenth Schedule. It additionally features a portion of the benefits and negative marks of the law. As the law gets more established and more seasoned, we find that with the debasement pervasive among government officials and given their unscrupulous strategies, they have possessed the capacity to exploit escape clauses in the law to suit their own needs. This is the motivation behind why the law has not possessed the capacity to accomplish as well as can be expected. The present article tries to dig into the provisos, which render the 52nd Amendment Act to some degree unacceptable and unsuccessful. It additionally takes a gander at a portion of the progressions required in the law and the path forward.

Download PDF: 
DOI: 
http://dx.doi.org/10.24327/ijcar.2018.14929.2725
Select Volume: 
Volume7