A Critical Appraisal Of Anti-Defection Laws In India And Conflict With Freedom Of Speech And Expression
Gaurav Chaudhary, Ph.D., National Law University, Delhi
Priyanka Sonowal, Ph.D., National Law University, Delhi and Assistant Professor at Alliance University, Bangalore
ABSTRACT
This critical appraisal examines the anti-defection laws in India1 and their potential conflict with freedom of speech and expression. The anti-defection laws were introduced in India to prevent elected representatives from defecting to other parties and destabilizing the government. However, these laws have been criticized for their negative impact on the democratic process and the freedom of speech and expression of elected representatives.
The paper analyses the legal provisions of the anti-defection laws and the relevant case laws to understand the implications of these laws on the freedom of speech and expression. It argues that these laws limit the autonomy of elected representatives and discourage dissent, thereby impeding the democratic process.
Further, the paper examines the conflict between the anti-defection laws and the freedom of speech and expression in light of the Supreme Court's jurisprudence on the matter. It highlights the need to strike a balance between the anti-defection laws and the freedom of speech and expression of elected representatives.
Overall, the paper concludes that the anti-defection laws in India need to be re-evaluated to ensure that they do not undermine the fundamental principles of democracy, including the freedom of speech and expression. It suggests that a nuanced approach that respects the autonomy of elected representatives while preventing defection is necessary to uphold the democratic values enshrined in the Indian Constitution.
Keywords: Anti defection laws, freedom of speech and expression, political parties, Minority government, Coalition government, Judicial review, Political stability, Parliamentary privilege, Floor crossing, Whip
Comments