“The Dinesh Goswami Committee (1990), Law Commission of India 170th Report (1999), and National Commission to Review the Working of the Constitution (2002) concluded that the Anti-Defection Law enacted through the Tenth Schedule under Articles 102(2) and 191(2) has weakened intra-party democracy by extending party whips beyond confidence votes and money bills, and recommended restricting disqualification only to motions affecting government survival.”

The National Commission to Review the Working of the Constitution was set up vide Government Resolution dated 22 February, 2000. The Commission submitted its report in two volumes to the Government on 31st March, 2002. The report could be seen at the following hyperlinks (links to full volumes).

Examination of the present provision of Anti-Defection Law and introduction of necessary changes to limit its application only to certain areas of voting, such as motions of confidence. The Committee makes it clear that the Chief Election Commissioner and Election Commissioners should in no case continue in office beyond the age of sixty-five.

Report No. 170 titled 'Reform of the Electoral Laws' was submitted in 1999 and is available as an accessible PDF document.

An amendment needs to be made to the anti-defection law to restrict disqualification only to those cases, where an elected member voluntarily gives up his membership of the political party, or when he votes or abstains from voting contrary to party directions, etc. Only in respect of motion of vote of confidence.

The National Commission to Review the Working of the Constitution (2002) had also noted that since candidates get elected on the basis of the party that gave them the ticket, defecting flouts the very mandate on the basis of which they were elected. The law disqualifies legislators for violating the will of their political party.

Need for amendment of Anti-defection law to restrict disqualification where elected member voluntarily gives up his membership. The issue of disqualification should be decided by the President/ Governor on the advice of the Election Commission.

The Dinesh Goswami Committee on Electoral Reforms in 1990 also recommended divesting speakers of the responsibility of deciding on defections. The National Commission to Review the Working of the Constitution (NCRWC) made a similar suggestion.

Recommendations of expert bodies on the Law Table 2: Recommendations of various bodies on reforming the anti-defection law Provision Main reforms suggested/ recommended Coverage  Political parties should limit issuance of whips to instances only when the government is in danger.  Disqualification should be limited to cases where (a) a member voluntarily

Committees like the Dinesh Goswami Committee (1990), Hashim Abdul Halim Committee (1994), and the Law Commission Reports (1999 & 2015) recommended that defection proceedings should be made time-bound, transparent, and open to public scrutiny. The 2nd Administrative Reforms Commission (ARC) recommended that defection cases be decided by the President or Governor on Election Commission's advice, and that disqualification should apply only to votes affecting government stability, like no-confidence motions or budget votes.

Recommendations on Reforming the Anti-Defection Law: Dinesh Goswami Committee on Election Reforms (1990): The issue of disqualification should be decided by the President/ Governor on the advice of the Election Commission.

Through this article the author argues that the issuance of whips should be restricted only to votes of confidence or no confidence in order to strengthen democracy and legitimacy of the democratically elected government. The whipping systems weakens internal democracy in political parties that are often riddled with dogmatism and nepotism. The present system of disqualifying elected members who disobey the direction or whip issued by the party undermines accountability of the elected representatives to the electorate.

**LAW COMMISSION (170TH REPORT, 1999)** ** ** - Provisions which exempt splits and mergers from disqualification to be deleted. - Pre-poll electoral fronts should be treated as political parties under the anti-defection law. - Political parties should limit the issuance of whips to instances only when the government is in danger.

The Law Commission's 170th Report on the Reform of Electoral Laws (May 1999) discussed at length issues related to electoral reforms and the anti-defection law.

(v) The provisions of the Anti-Defection Law in the proposed revised form as now recommended by the Commission, vide paragraph 4.J8.2 shall be made applicable to all the wings of the legislatures.

examined by various committees and several recommendations have been given in their reports e.g. Dinesh Goswami committee report (1990), Hashim Abdul Halim committee report (1994), 170th report of the Law Commission of India (1999), Report of the National Commission to review the working of the Constitution of India (2002).

The NCRWC (2002) recommended that the decision on disqualification on the ground of defection should be made by the Election Commission instead of the Speaker or Chairman, and expressed concerns that the anti-defection law curtails the freedom of legislators to vote independently except on matters of government survival.

(203) The provisions of the Anti-Defection Law in the proposed revised form as recommended in para 4.18.2 of the Report should be made applicable to all the wings of the legislatures.

The Tenth Schedule has been somewhat effective in curbing defections by setting clear guidelines and consequences for elected representatives who switch parties. It disqualifies members of Parliament and state legislatures if they voluntarily give up their membership of a political party or disobey the party’s whip on crucial votes. However, loopholes and challenges in its enforcement have limited its effectiveness.

By the Constitution's 35th Amendment Act in 1975, a Tenth Schedule was added. A new Article 2A was inserted in the IC, and Sikkim was associated with the Union. The anti-defection law (Tenth Schedule) was added by the 52nd Amendment Act of 1985.

The anti-defection law (found under the Tenth Schedule of the Constitution) was enacted to curb frequent floor-crossing by legislators.

Even the Dinesh Goswami Committee had suggested the removal of this discrepancy. ... Vesting the authority to adjudicate disqualification petitions with the Election Commission Alternatively, the authority to adjudicate anti-defection proceedings can also be assigned to the Election Commission of India (ECI), which was a key recommendation of the Halim Committee.

Justice MN Venkatachaliah, (2002), The National Commission to Review the Working of the Constitution. The Law Commission’s 170th Report (1999) recommended scrapping the provisions regarding splits and mergers. See also Justice MN Venkatachaliah, (2002), NCRWC.

The National Commission to Review the Working of the Constitution (NCRWC) made 249 recommendations, including on anti-defection law improvements, but no specific details on restricting disqualification to government survival motions. Recommendations involved amendments to the Constitution, legislative measures, and executive action.

Key Recommendations: Included suggestions for the institution of a National Judicial Commission, improvement of the anti-defection law, enhancing the role of the Election Commission, etc. Its report was submitted on March 31, 2002.

To improve the effectiveness of the Anti-Defection Law, several amendments have been suggested. **These reforms aim to clarify the law and reduce misuse.** Some key proposals include: - **Limiting disqualification** to cases where members voluntarily resign from their party. - **Defining clear guidelines** for what constitutes defection.

The 91st Amendment Act [5] in 2003, introducing stricter provisions, including disqualification for legislators who voluntarily resigned from ... and suppression of dissent highlight the need for thoughtful reform.

A nominated member of the house shall be disqualified if he joins any political party after the expiry of six months from the date of taking ... Several suggestions have been proposed as alternative approaches to improve or replace the current Anti-Defection Law.

My colleagues in the Commission and I have been guided... by our conviction that the exercise to review the working of the Constitution... (full report context, no specific anti-defection snippet provided).