Political Diary
New Delhi, 10 October
2022
Vs Fake Shiv Sena
DEFECTION LAW REVAMP?
By Poonam I Kaushish
As Parties get ready to slug it out
in the forthcoming Gujarat and Himachal elections the first rate emotion-packed
politico-drama in Maharashtra between Uddhav Thackeray’s Shiv Sena vs Eknath Shindi’s SS continues. This
time over which is ‘real-fake’ Party and which faction should be allotted bow
and arrow symbol as Andheri (East) bye-election is slated soon followed by
‘cash cow’ Brihanmumbai Municipal Corporation later.
With Shinde ensconced
on the Chief Minister’s gaddi thanks
to a coalition Government with BJP post his end June open rebellion along-with
over 40 MLAs against Thackeray, who initiated disqualification proceedings
against 16 and Assembly Dy Speaker disqualified them. Shinde challenged this in
Supreme Court which stayed rebels disqualification till it heard the case in
totality. It allowed Election Commission to decide which faction would lay
claim to original Party.
In the latest twist EC
froze Sena symbol and barred both sides from using Party name and its election
symbol. They will now have to choose new names and symbols till case’s final
adjudication.
Undeniably, given the high
stakes, this order has wider implications as both derive legitimacy from their
association with late Babasaheb Thackeray. Besides, EC decision will have
deeper ramifications for future of political defections and effectiveness of 10th
Schedule. Primarily, the inherent institutional weakness of the Anti Defection
Law wherein political machinations have found loopholes to wriggle out of its
legal tentacles. At the political level, with power being a strong glue it’s
all about cutting deals, side deals and underhand deals in a milieu of
you-scratch-my-back-and-I-yours.
True, the 1985
Anti-Defection law did act as a speed-breaker but only temporary, as the ruling
Party allowed it to be violated by anointing its MP or MLA as Speaker. The law
says a defector can either resign or be disqualified by the Speaker on the
basis of a petition by another MP. So if the defection suits the ruling Party
then the Speaker accepts the MLA’s resignation without looking into the motive
behind it. Obversely disqualifies him if it runs contrary to Party’s
wishes.
Bluntly, this lacuna
opened floodgates for revolving door politics. Thereby, making it hard to keep
pace with who-is-ensconced-in-which-Party and who has drifted to greener
pastures. Bringing things to farcical
charades where defecting legislators switch sides with some being anointed
“Opposition Ministers in Government” even before they officially changed
Parties with Speakers looking the other way. Worse, nobody quizzes them of what
happened to the commitments they promised to abide and uphold, serve society
and work for peoples’ upliftment. Were they merely posturing?
Another deep flaw in
Tenth Schedule is it allows one-third members of a Legislative Party to split
without inviting disqualification tag. A lacuna which Shinde adroitly used by
weaning over two-thirds MLAs, a threshold required by law. Like Congress leader
Jyotiraditya Scindia along-with 22 loyalist MLAs did in 2020, by joining BJP
resulting in Kamal Nath’s Government downfall replaced by Shivraj Chauhan as Chief
Minister.
Ditto in Karnataka
2019 when 15 Congress-JD(S) MLAs switched to BJP, kicked out Kumaraswamy’s
Government and installed Yediruppa’s Sarkar.
In 2017 BJP came to power in Arunachal after Chief Minister Khandu switched
loyalties. Reminiscent of 1967 Aya Ram Gaya
Ram culture when Gaya Lal a Haryana Independent MLA switched three Parties
in 15 days. Followed by Bhajan Lal who hijacked his Janata Party Government to
Congress, thereby opening the floodgates of defection and institutionalizing it
through Indira Gandhi’s 60s-80s.
During 1967-1983
Parliament saw 162 defections and State Assemblies 2,700 with 212 defectors
rewarded as Ministers and 15 became Chief Ministers, according to PRS
Legislative Research. Several of them did so more than once, some even five times.
One MLA defected five times to be a Minister for only five days! Their
purchasing price governed by law of diminishing returns. Underscored by JMM’s
Suraj Mandal in Lok Sabha 1993, “Paisa
boriyoin mein atta hai!”Notwithstanding, fundamentally violating the
democratic principle: Voters’ rights to choose their Governments via the ballot box.
Arguably, one can
quibble that elections are won by Parties not individuals. In this market model
of democracy it’s a misnomer to believe that Parties are governed by ideology.
Instead, there is a tendency to capture people’s imagination by creating a
spectacle alongside money which makes the clogged, polluted and corrupt
political mare go-around.
Questionably, in a
milieu where defections undermine the foundations of democracy and where
‘stable’ Governments are formed through barefaced political immorality, no
Party can claim the high moral ground. In this process, our leaders forget that
they leave behind a toxic residue of hatred long after polls are over.
In this moral desert
of politics and barren discourse BJP has perfected the defection art and
political over-reach from Congress which holds its copyright. Certainly, one
can say this is what democracy is all about as political discourse is quick to
justify a neta’s right to trample
ideology and ethics to serve his selfish ends. Questions about public service
are seldom raised as everyone is busy out-maneouvering other dus numberis! This game of lies, deceit
and deception reflects emerging truth of today’s India. Power is all.
Sadly, basic democratic
postulates have got botched over years. Few remember democracy is not an end in
itself. It’s only means to an end, namely, greater well-being and happiness of
people. Which is possible only through clean and stable Government run by
dedicated leaders committed to putting country above self and all else. Not
through ram-shackled fair-weather partners in corruption and crime.
Clearly the “Aaya Ram Gaya Ram”, replete with “garbar ghotala”, “sacha jhoota” and “mirch-masala” of democratic norms will continue
till our polity ends it. The coming days is a test for all: Time to urgently tighten
and plug glaring loopholes in the Anti-Defection Law.
Lawmakers need to elucidate
defections in the parent Party or its legislative wing and which constitutes a
split? Requirement of a preceding split in the organizational Party could prove
an effective deterrent. Clarify what is a candidate’s status if he ditches his
Party pre-election and joins a rival, can he be liable for disqualification if
elected?
True, law does not
prohibit defection but it is a long trudge as there seems to be none who will
bite the defection hand that feeds it. Politics without morals and ethics is
dangerous as it produces distrust at all levels where-under even the gutter seems
cleaner than today’s dirty politics. It remains to be seen if in the bheed of opportunistic turncoats, the
murmur of ideology, beliefs and honesty will find favour. Gaddi and Gaddari must not go together. -----INFA
(Copyright India News
& Feature Alliance)
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