The Anti-Defection Law was passed in 1985 through the 52nd Amendment to the Constitution, which added the Tenth Schedule to the Indian Constitution. The main intent of the law was to combat “the evil of political defections”. There are several issues in relation to the working of this law which need to be discussed. Does the law, while deterring defections, also lead to suppression of healthy intra-party debate and dissent? Does it restrict representatives from voicing the concerns of their voters in opposition to the official party position? Should the decision on defections be judged by the Speaker who is usually a member of the ruling party or coalition, or should it be decided by an external neutral body such as the Election Commission? Some of the recommendations are listed below:-
Many of my friends might not know about the case of H G Mudgal. So, let us first focus on it. This case exemplifies the serious concern shown by the Parliament of India in the year 1951 about the misconduct of a member. The Constitution of India came into force in 1950. Therefore, Parliament can be termed as in nascent stage of its development. Thus, this case becomes more important to note because it illustrates how the members of an institute should work.
In recent times, there have been multiple incidents where farmers were protesting against the Government as it took away the land from them without paying the adequate compensation and against the wishes of many farmers. The whole debate about Right to Property needs to be re-initiated under this background. The Right to Property, which was enshrined in the original Constitution of India, as Fundamental Right should be re-instated by voiding the changes made by 44th Amendment Act of 1978 in this respect.
Introduction to the Constitution of India is a fantastic book on the subject of Indian Constitution and presents a wonderful commentary on the same. It deals with everything and nothing substantial is left out. The language is simply beautiful which is least expected from an Indian academic author at university level.
Indian constitution is the largest written constitution of the world and it is difficult to read and understand everything. However, D.D. Basu has written this masterpiece to make things easy for us. I am an engineer and to understand the legal terms is a tedious job, but this book with its set of examples makes it easier to understand the Constitution.
It presents the Indian Constitution in a pleasant way and defines it philosophy in such a manner that you feel proud of it being an Indian. However, at points where you feel Indian Constitution lacks something he is also critical of the same or explains why that is the case and you again start feeling that it is fine.
After so much of trouble that the country had been facing – Anna Hazare’s fast unto death campaign, Black Money case, 2G Spectrum, CWG Scam case – which had lead me to feel devastated and having lost my faith in the system and the law of the land, this book comes as a refresher and bring back the hope that Indian Constitution will act as a check on the government and other persons and will make everything better by asserting itself.
It is necessary read for everyone. Whether you are a lawyer or not does not matter. Every citizen of the country should read it to know the Constitution and his or her rights.
Wish that all the scams and scamsters will retreat with the Beating Retreat. And as the pious lights will glow Rashtrapati Bhavan, North Block, South Block and Parliament, these scams will fade away and disappear but with scamsters prosecuted for Sedition!!
I would like to wish all of my fellow citizens Happy Independence Day.