Diminished!
The Parliament is the place where Public policies are made
which finally drives the country economically, politically & socially. This
results in from the constructive & in-depth detailing of the issues discussed,
right from the planning till implementation. The role of the Members of
Parliament (MPs) thus become inevitably important as the aspirations of people
gets reflected through them.
But
over the past few decades there has been a deterioration in the quality of
discussion, hence the outcomes of parliament in the form of policies/laws/enactments. A portion of
which can be credited to the Anti-defection law, among others ,which was
designed to prevent the evil or mischief of political defections motivated by
the lure of office, material benefits or other similar considerations.It was
intended to strengthen the fabric of Indian Parliamentary Democracy by curbing unprincipled & unethical defections, but has resulted in some negative tertiary backlashes.
The 52nd Amendment of 1985 added a new Schedule ,Tenth
Schedule, to the constitution relating to political defections. Two of the
provisions of which are :
1)A legislator stands disqualified from the house if he/she voluntarily gives
up the membership of the party from whose ticket it got elected to the house.
2) A legislator stand disqualified from the house if he/she abstains/votes
contrary to the directions given by his/her party.
Thus, the MPs are expected to behave as per their party diktats, even if the subject at hand needs to be
treated differently & without any prejudice. Any departure might lead to
their disqualification. This particular provision might discourage the sitting
MPs to come up & express openly their views on the floor of the parliament
in case it is inconsistent with the party line. Thus depriving the policy
debate occasionally & restricting its framework & in the process affecting
the overall quality . The above law fails to make any distinction between
dissent & defection. It curbs the legislator’s right to dissent and freedom
of conscience
It
can be easily observed that party bossism precedes everything thus ruining the
debate in favour of, mostly, mediocrity. In the light of the recent events it
would be a welcome change if alterations in
the current provisions are made
& freedom be given to the current legislators
in voicing their opinion on whose shoulder lies the responsibility of directing
the country .
1)A legislator stands disqualified from the house if he/she voluntarily gives up the membership of the party from whose ticket it got elected to the house.
2) A legislator stand disqualified from the house if he/she abstains/votes contrary to the directions given by his/her party.
Thus, the MPs are expected to behave as per their party diktats, even if the subject at hand needs to be treated differently & without any prejudice. Any departure might lead to their disqualification. This particular provision might discourage the sitting MPs to come up & express openly their views on the floor of the parliament in case it is inconsistent with the party line. Thus depriving the policy debate occasionally & restricting its framework & in the process affecting the overall quality . The above law fails to make any distinction between dissent & defection. It curbs the legislator’s right to dissent and freedom of conscience
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