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 10^th 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)