An Exigency to Revisit Anti-Defection Law in India

  • Manu Joseph G
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  • Manu Joseph G

    LLM Student at ILS Law College, India

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Abstract

Defection is not a good word in most of the political instances. In India, the label of political parties plays a vital role in election of representatives. Floor changing after being elected as representative of people is almost a betrayal committed against the will of the people especially when the electorates hold their trust on the potential of any political parties. On the other hand, the laws which restrict defections have serious adverse effects in practice. Ideally speaking, a political leader after being elected to any House of representatives, has only minimum to do for his political party whereas, he holds many responsibilities against the electorates who chose him. Thus, a representative must be free from any unreasonable restrictions even from the part of the political party he belongs for the purpose of ensuring the interests of the people he represents. At this point, the relevance of revisiting the anti-defection law prevailing in India comes into play. This paper deals with the analysis of anti-defection law in India and also includes a brief comparative study of law relating to defection in India, United States and United Kingdom. In the conclusionary part, the researcher also provides with few suggestions for bringing a balance between the interests of the electorates and need for preventing the floor change of political leaders.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 1212 - 1226

DOI: https://doij.org/10.10000/IJLMH.111316

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