Q.2 What are the various loopholes in anti-defection provisions that are being exploited frequently? Suggest the way forward.

Mentor’s comment-
  • https://indianexpress.com/article/opinion/columns/how-to-fix-the-anti-defection-loophole-7735959/
  • In the intro, mention the various instances of members of the party resigning from the House to destabilize the government or to join the other party.
  • In the body, mention paragraph 4 of the tenth schedule that allows for defection by 2/3 of the members of the party, provision of article 164(1B) etc.
  • In the way forward suggest measures such as the resignation of the speaker, cooling-off period for speaker after the end of the term, omission of paragraph 4 from 10th schedule, and omission of article 164(1B), fixing time period for the deciding on the petition for disqualification under anti-defection law etc.
  • Conclude by mentioning the need to get rid of open corruption by plugging the existing loopholes that have made the Tenth Schedule unworkable.

 

Comments

2 responses to “Q.2 What are the various loopholes in anti-defection provisions that are being exploited frequently? Suggest the way forward.”

  1. Likhitha Patil Avatar
    Likhitha Patil

    0000513717

    1. Staff @CD Avatar
      Staff @CD

      Likhitha

      Introduction is fine, however you can mention that 10th schedule was brought via 52nd amendment Act, 1985. Adding some factual information will add value to the answer.
      In the body, 1st and last point are almost same, both can be clubbed. Also while mentioning Para 4, write para 4 of the act, otherwise it is unclear. Also you can mention Article 164(1(b)) of the Constitution, which allows legislators to get reelected after disqualification can be mentioned as a loophole.
      You have mentioned examples, that is good.
      Way forward and conclusion are good.
      Keep practicing.🙂

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