Anti-Defection Law in India

  • Ananshi Rana and Ambar Srrivastava
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  • Ananshi Rana

    Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

  • Ambar Srrivastava

    Assistant Professor at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

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Abstract

Established in the year 1985 by mode of the 52nd Amendment to the Constitution of India, Anti-Defection Law of India was outline to reduce the process threat presented by political defections. Adored in the Tenth Schedule, this statute aimed to undertake the democratic secureness and encourage party discipline. This analysis offers a thorough examination of the Anti-Defection Law's political result in India after its progress. This writing paper look over the organization of the law in turn aside defections, confirm the uprightness of political parties, and enhancing accountability among government officers by representation on empirical data, legislative history, and case studies. The Anti-Defection Law's provisions, weaknesses, and methods of enforcement are all examined in this analysis. It assesses the judiciary's function in interpreting and upholding the law as well, stressing significant rulings and their consequences for parliamentary democracy. The Anti-Defection Law's provisions, weaknesses, and methods of enforcement are all examined in this analysis. It assesses the judiciary's function in interpreting and upholding the law as well, stressing significant rulings and their consequences for parliamentary democracy. The essay also explores the socio-political environment that surrounds defections in India, taking into account elements like party dynamics, electoral incentives, and constitutional principles. It evaluates the difficulties and complaints the Anti-Defection Law has encountered, including claims of abuse and its effect on legislative authority. By using a multifaceted approach, this research adds to a more complex understanding of how the Anti-Defection Law affects Indian democracy and provides guidance to practitioners, academics, and politicians who aim to preserve constitutional ideals and build democratic institutions.

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International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 2927 - 2936

DOI: https://doij.org/10.10000/IJLMH.117804

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