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International Journal of
Law, Policy and Social Review
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VOL. 3, ISSUE 2 (2021)
Legislative Coups and Intricacies of the Anti-Defection Law
Authors
Ramit Mehta
Abstract

The process of electing representatives in a democracy is fundamentally tied to the functioning of political parties, which nominate candidates across constituencies for legislative bodies such as the Lok Sabha and State Assemblies. However, the integrity of this system has been repeatedly challenged by the phenomenon of political defections, popularly referred to as “Aaya Ram, Gaya Ram.” This practice, exemplified by the 1967 Haryana incident involving frequent party switching, undermines the mandate of the electorate and erodes public trust in democratic institutions.

Although the Anti-Defection Law under the Tenth Schedule of the Constitution was enacted to address this issue, persistent loopholes—such as delayed adjudication by presiding officers and the exemption granted to mergers involving two-thirds of legislators—have rendered it less effective. Recent political developments in states like Rajasthan and Madhya Pradesh further highlight the inadequacy of the current framework. Concerns raised by constitutional authorities emphasize the urgent need for reforms, including time-bound decisions and stricter provisions to prevent misuse.

This study critically examines the provisions and shortcomings of the Tenth Schedule, evaluates the continuing challenges posed by political defections, and undertakes a comparative analysis with parliamentary practices in the United States and the United Kingdom to suggest potential reforms for strengthening democratic accountability in India.
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Pages:34-37
How to cite this article:
Ramit Mehta "Legislative Coups and Intricacies of the Anti-Defection Law". International Journal of Law, Policy and Social Review, Vol 3, Issue 2, 2021, Pages 34-37
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