Anti defection was brought up by the 52nd amendment act which brought changes in the 4 article and added X schedule of the constitution. The main aim was to prevent defection, when one member leave a political party and joins another. The act was aimed to provide stability to the political party and prevent aaya ram gaya ram politics.
To a certain extent the act has prevented defections but with the advent of this law the standards of debates and discussions are on decline. The bossism , whip culture has got legal sanction as a result individual MP’s of ruling party cannot show dissent which is the essence of representative democracy. The dissent has been equated with the defection.
Further there is no incentive for thorough research by the MP’s on the bills. The second stage of bill reading has lost its relevance. The diversity of India calls for diversion of opinions which had a place in the original constitution even if one belong to ruling party. The anti defection law inadvertently diluted this provision.
Hence there is need to improve upon the bottlenecks of the anti defection law and there is need to incorporate the recommendations of Dinesh goswami committee that defection law will be invoked on the trust motions and finance bills. Further there can be new penalties for defector.
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