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3) What are the main features of India’s anti-defection law? Also examine interpretations and recommendations made by the courts and committees on the law. Do you think, instead of the Speaker, the decision on defections should be decided by an external neutral body such as the Election Commission? Comment

Topic:    Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these; Salient features of the Representation of People’s Act;

3) What are the main features of India’s anti-defection law? Also examine interpretations and recommendations made by the courts and committees on the law. Do you think, instead of the Speaker, the decision on defections should be decided by an external neutral body such as the Election Commission? Comment. (250 Words)

PRS-India

Why this question?

Defection is key feature of our polity and this issue keeps repeating itself as and when elections take place. Proper understanding of underlying concepts is important to make arguments in related essay topic or in GS question. It’s an important question for Prelims, Mains and interview. 

Key demand of the question:

First part is direct. In the second part, question demands your opinion whether the Speaker is the right person to disqualify or should there be a neutral body to do this. 

Directive Word:

First question is direct one and you need to write about features, judgements and recommendations. 

Comment:  In the second part, you should write about merits and demerits of having either Speaker or EC as decision maker in disqualifying MP/MLA. Your opinion in the end who should decide qualification should be written. 

Structure of Answer:

In the introduction write about threats of defections and how the Law has been misused despite SC and many committees’ recommendations.  

In the body, there should be Four Parts: One on features; One on court judgements: One on committee/commissions; One on your opinion about who should decide disqualification. Also write about model defection laws that exist in other democracies to substantiate your opinion.   

In the conclusion, write about how defections act as burden on people and polity.