Q.2 What are the various loopholes in anti-defection provisions that are being exploited frequently? Suggest the way forward.

Mentor’s comment-
  • https://indianexpress.com/article/opinion/columns/how-to-fix-the-anti-defection-loophole-7735959/
  • In the intro, mention the various instances of members of the party resigning from the House to destabilize the government or to join the other party.
  • In the body, mention paragraph 4 of the tenth schedule that allows for defection by 2/3 of the members of the party, provision of article 164(1B) etc.
  • In the way forward suggest measures such as the resignation of the speaker, cooling-off period for speaker after the end of the term, omission of paragraph 4 from 10th schedule, and omission of article 164(1B), fixing time period for the deciding on the petition for disqualification under anti-defection law etc.
  • Conclude by mentioning the need to get rid of open corruption by plugging the existing loopholes that have made the Tenth Schedule unworkable.


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Likhitha Patil
Likhitha Patil
3 months ago