Topic : Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.
3) The anti-defection law and issuance of whips by political parties curtail the freedom of independence of MPs. Critically analyse. (250 words)
Indian Polity by Lakshmikant, D D Basu
Why this question:
The question is centered around the idea of anti-defection law and issuance of whips by political parties and their role in curtailing freedom of independence of Members of parliament.
Demand of the question:
The answer must discuss the role of anti-defection law and issuance of whips by political parties and its interrelationship with freedom of independence of Members of parliament.
Critically analyze – When asked to analyze, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a fair judgement.
Structure of the answer:
Start by explaining what you understand by the anti-defection law.
- The question is straightforward, one has to first discuss the basic understanding of What is the anti-defection law, role of whip issued by political parties – features, how it puts a restrain on MPs etc.
- Discuss – What are the grounds for disqualification under the Anti-Defection Law?, questions of ‘split’ and ‘merger’: Loopholes in anti-defection law.
- Reforms to anti-defection law: 91st amendment.
- Discuss Kihoto Hollohan vs Zachilhu and others case of SC – It held that the law does not violate any rights or freedoms, or the basic structure of parliamentary democracy.
- What should be the possible reforms to overcome the above challenges.
Conclude with way forward.