"Balancing Act: Evaluating The Impact Of Anti-Defection Laws On Democratic Governance In India"
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Abstract
This research paper provides a comprehensive analysis of India's anti-defection laws, focusing on their role within the democratic framework and their impact on legislative conduct since their inception. Enacted through the 52nd Amendment in 1985 and embedded within the Tenth Schedule of the Indian Constitution, these laws were intended to prevent political defections that could destabilize governments and erode the integrity of electoral mandates. By documenting the evolution of these laws, their enforcement, and the judicial interpretations that have shaped them, this paper offers a detailed narrative of their socio-political consequences.Utilizing historical data, legislative records, and case studies, the research examines the patterns of party defections and the response mechanisms activated by the anti-defection laws. The study extends to interviews with political figures who have been directly affected by these laws, as well as political analysts and legal experts who provide insights into the operational dynamics and challenges posed by the enforcement of such laws.The findings reveal a complex interplay between legislative stability and political freedom, highlighting cases where the anti-defection laws have both supported and hindered democratic practices. The paper argues that while these laws have been instrumental in curtailing frivolous party-switching, they have also led to unintended consequences such as the suppression of dissent within party lines and a reduction in individual accountability of lawmakers. This descriptive analysis culminates in a discussion of potential reforms aimed at refining the anti-defection framework to better align with the principles of a vibrant democracy, suggesting a recalibration of legal provisions to foster both stability and democratic liberty in legislative practices.