REWIND
New
Delhi, 6 July 2023
Political
Harlotry
TIME
FOR NEW ANTI-DEFECTION LAW
By
Inder Jit
(Released
on 19 November 1996)
Prostitution was legally banned in India some four
decades ago. But political harlotry continues to grow and flourish brazenly.
What is worse, traffic in MPs and MLAs coming to be accepted as a way of life.
Time was when the people at large were shocked by defections. Floor crossing
was sharply denounced as undermining the very foundations of our democracy and
a fraud both on the letter and spirit of the Constitution. Today, even
eye-brows are not raised. Indeed, those who defect are beginning to strut about
as smart guys. There is no sense of shame any more in cheating the voters and
trading in turn-coats.
Harsh words, indeed. But these have been provoked by
the abominable happenings in the Gujarat Assembly in recent weeks and all the
so-called splits and mergers that have taken place at the Centre over the few
years. Sadly, the basic philosophy of the Westminster model is still not
adequately understood. Parliamentary democracy is essentially a civilised form
of Government based on the party system. It has to be run in accordance with
certain basic rules of the game. However, what we have been witnessing is
cold-blooded murder of most democratic norms and values.
Self continues to be placed shamelessly before the
party and the country. Politics has been reduced to a horrendous exercise in
personal aggrandisement, with no holds barred. We are once again face to face
with an era of reckless horse-trading and instability, as during 1967 and the
turbulent years that followed. Between the fourth and the first general
election in 1967 and 1972, there were nearly 2,000 cases of defection and
counter defection from among 4,000 and odd members of Lok Sabha and the
Assemblies in the States and the Union Territories. By the end of March 1971,
approximately 50 per cent of the legislators had changed their party
affiliations. Several of them did so more than once. One MLA defected as many
as five times to be a Minister for five days!
An anti-defection law was no doubt enacted in 1985 to
end political harlotry by amending the Constitution and adding to it a new
schedule --the Tenth Schedule. This helped to put an end to Aya Rams and Gaya
Rams individually. A defector stood disqualified and lost his seat in
Parliament or Assembly if he voluntarily relinquished his membership of the
party on whose ticket he was elected or if he voted or abstained from voting in
the House contrary to any party whip or direction. But defections have grown by
leaps and bounds, thanks to a provision which permits splits and mergers. No
punishment is attracted so long as a member defects in a group and the group
represents à faction resulting from a split in the original political party.
And further, that the group consists of not less than one third of the members
of such a legislature party.
Regrettably, our people’s genius of driving a coach and
six throughany legislation has willy nilly reduced the anti-defection law to a
mockery. The Speaker of the Lok Sabha and the Presiding Officers in the States
were expected to put an end to floor-crossings by upholding the letter and
spirit of the law. Importantly, they were to permit only such splits as
honestly reflected a natural and principled development in politics. Instead, they
have interpreted the Tenth Schedule and their powers in a way so as to
circumvent and thwart the law and virtually subserve the interests of the
rulers of the day.
This happened initially in the Ninth Lok Sabha when
Chandra Shekhar and 57 other MPs walked out of the Janata Dal led by V.P. Singh
on 6 November 1990 claiming that more than one-third of the Janata Dal’s 140s
had split in accordance with the Tenth Schedule. This occurred again in the
Tenth Lok Sabha when 20 MPs of the Janata Del, including Ajit Singh and Ram
Lakhan Singh Yadav, walked out of the Parliamentary Party on 7 August 1992,
claiming a split of more than one-third of the Janata Dal’s total of 59
members.
V.P. Singh sought disqualification of Chandra Shekhar
and 57 other MPS on the ground that 25 of them had already been expelled on 5
November 1990, a day before the split. This, he contended had brought down the
residual strength of the group claiming to split to only 33, which was as than
one-third of the Janata Dal’s residual strength of 115-140 minus the 25
expelled. Rabi Ray, then Speaker, however, chose not to go into “the legality
of the expulsions” or whether the original Janata Dal as a party had met before
the split in its Parliamentary wing. Instead, he spoke of “several lacunae” in
the law and “of claims and counter-claims” and bailed out Chandra Shekhar and
others by giving them the “benefit of doubt.” Explains a confidant: “Rabi Ray
did not wish to thrust a fresh general election on the country after just one
year!”
Shivraj Patil, Speaker of the Tenth Lok Sabha, did one
worse even as he also talked in terms of “some weak points” and “detects” in
the anti-defection law. He averred that it was not the job of the Speaker under
the Tenth Schedule to see whether a split had taken place in the original party
or not. The Speaker was only required to ascertain whether the group consisted
of not less than one-third of the members of the legislature party. That was
not all. He also did something incredible. He recognised a split within a split
when Ram Lakhan Singh Yadav and seven others broke away from the original split
by Ajit Singh and 19 others even though a decision on the latter’s action was
still pending. Equally incredibly, the Speaker, who took almost ten months to
give his decision in the crucial matter, also ruled that law must get
precedence over morality!
Sadly, the menace of defections has received great
encouragement from the two rulings all over the country. Time was when
legislators defected in ones or twos. Now they cross over in droves in the name
of splits, most of which are spurious and have little to do with principled
splits in the original party. Witness the recent split in the BJP’s legislature
party in Gujarat. What is more, many fears expressed in Parliament have come
true. Apart from encouraging bogus splits, it has led to fragmentation of
political parties and brazen corruption. It has also empowered Governors to
engineer defections and play games in the formation of Governments, as has been
happening in UP during the past few weeks.
All this has brought about a distressing turmoil and
instability in our party system. Almost every leader sees nothing wrong in engineering
splits in the other parties in their single-minded pursuit of power, purse and
pelf. P.V. Narasimha Rao started with a minority Government in 1991. But by the
end of 1995, he had managed to convert his minority Government into a majority
Government and become a darling of his party. Some of his loyalists even
lionised him as the “greatest ever!” Ends now increasingly justify the means,
howsoever evil. Few pause to ponder over the havoc all this is causing.
Where do we go from here? Candidly, the time has come
to take a fresh look at the existing law. It is not enough to punish floor
crossings by individuals. A new and simple legislation should be enacted to
punish not only an individual rape but also gang rapes. All
those who wish to change parties must be required by law to seek a fresh
mandate after making allowance for honourable dissent. No scope should be left
for buying and selling of legislators. Political harlotry must be ended firmly
if our people are not to lose faith in the legislatures --- and, indeed, in
democracy itself. Enough of hypocritical jingoism.--- INFA
(Copyright,
India News and Feature Alliance)
|