anti-defection law

TENTH SCHEDULE AND PARTY MERGERS: ANTI-DEFECTION LAW AND LEGISLATIVE STABILITY

The Anti-Defection Law (Tenth Schedule) penalizes legislators for switching parties, targeting political instability. However, ambiguous drafting in Paragraph 4 allows mass defections under the guise of "mergers." Reforming Speaker adjudication and limiting whips are critical for safeguarding democratic mandates.

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POLITICAL PARTY MERGERS: LEGAL FRAMEWORK, JUDICIAL VIEWS, AND REFORMS

The Anti-Defection Law is undermined by the "Merger" loophole, which incentivizes mass defection. Experts recommend abolishing the 2/3rd exemption and transferring adjudication from the Speaker to an independent tribunal to protect the voter’s mandate and democratic stability.

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LOK SABHA SPEAKER: POWER, REMOVAL, AND CHALLENGES

The Lok Sabha Speaker, as presiding officer, maintains decorum, regulates proceedings, and interprets parliamentary rules. Elected by MPs, the Speaker holds constitutional authority, including certifying money bills, presiding over joint sittings, and ruling on member disqualifications. They act as the impartial guardian of parliamentary privileges.

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