India's Anti-Defection law: Its Shortcomings

Abstract

The main goal of India's Anti Defection Law is to prevent political defection, but the law never developed correctly because of desired political goals and a rise in political gluttony, dishonesty, and corruption. With the passage of the Constitutional (52nd) Amendment Act, 1985, which added Schedule 10 to the Constitution, the Indian Parliament took some action to outlaw defection activities and implement an Anti Defection Law. The Anti Defection Law is expressly included in Schedule 10 of the Constitution. In the area of anti-defection law, this constitutional amendment is seen as a turning point. However, 38 years after the 52nd Amendment was passed and Schedule 10 was added, the issue of defection in India still exists and has grown to be a serious threat to democracy. Politicians take advantage of the Anti Defection Law's many loopholes to further their own agendas. In order to achieve the intended aims, it is imperative that the shortcomings and inadequacies of the Anti Defection Law be reexamined, and that the required and suitable steps be taken to eliminate them. This essay will primarily address the anti-defection legislative framework that currently exists in India while also highlighting the shortcomings of the anti-defection legislation.