Impact of Anti Defection Law on Democratic Institutions in India A Critical Study

Abstract

The Systematic investigation in to study of materials and sources in order to establish facts and reach new conclusions is the meaning of research. newlineReforms to be brought in the existing Law assume significance for Legal research. This research is made in the background of political defections arising in India both at the Parliament level and at States. Defections have destabilized governments and gave new birth to coalition politics where monopoly of one political party coining to power was weakened. Political Defections have become conirnon and are at discussion in political circles to form new governments with the help of defectors. newlineThe disqualification of Sixteen MLA S including five Independents in Karnataka in 2010, Nine MLA S in Uttarakhand in 2016, Eighteen MLA S in Tamilnadu in 2017 have always become headlines in electronic and print media with respect to the application of Anti-Defection Law under Tenth Schedule of the Constitution of India. This study is a sincere attempt in this direction where disqualified MLA S cry foul played on the part of the speaker in arriving at a decision thereby disrespecting Democratic Institutions for the purpose for which they were established. newlineThe objectives of this research work is, to assess the history of political defections after Independence, to know about the historical background of the Anti-Defection Law, Constitutional Provisions relating to Anti-Defection Law, to study various Anti- Defection Laws applicable to Local Self Governments( Local authorities), Application of the Law by the presiding officers or Deciding authority and its impact on the democratic set up, to examine the Judicial stand point on the tenth schedule by studying various case laws and principles outlined by the apex court and various high courts , to find out the lacunae , loop holes in the existing Anti-Defection Law in India.