With State after State facing rebellion with elected representatives switching loyalties, it’s time we amend the archaic anti-defection law and strengthen the role of the Governor
Politics is the art of governance where the responsibility to improve the living conditions of the people rests with the ruling party. But in reality, Indian politics has to do more with the accumulation of power at institutions to govern them. Here, both the ruling as well as Opposition parties jostle to derive authority that comes along with powerful positions. Of late, politics in the country is completely centred around politicians and their cronies enjoying the fruits of powers by hook or crook.
In State after State, our legislators, faced with a quirky situation, have become a laughing stock as they continue switching party loyalty for money and higher positions, including the most sought-after job of a Minister. Political defections in our country have reached alarming proportions, making a mockery of democracy itself. Our leaders have thrown all sense of “decency” and “Constitutional values” into the dustbin. All they are concerned about is self-interest. The rule book of our Constitution is, perhaps, the worst victim amid the ongoing political chicanery.
Things were set right with the Bommai case, where the Supreme Court put an end to the arbitrary dismissal of State Governments by a hostile Central Government. But power games between the BJP and the Congress continued. More recently, Uttarakhand, Arunachal Pradesh, Karnataka and now Madhya Pradesh have exposed the erring knots of our polity. The Kamal Nath Government is now facing a survival crisis as some of its MLAs, those belonging to the Congress and others from alliance partners, have rebelled against the State leadership. The Congress has accused the BJP of trying to bribe its MLAs to switch sides. Our courts, the Supreme Court as well as various High Courts, and sometimes even the Speaker and Governors gleefully enjoy watching political parties squabbling with each other. If such incidents become routine, the apex court will have to spend a chunk of its time in settling such mundane matters. It may get distracted from performing its fundamental duty to dispense justice to the people.
But the question is, why do our legislators switch loyalties? Even after three decades and more, politicians have time and again violated the spirit of the 1985 anti-defection law. This law, referring to the Aaya Ram, Gaya Ram culture, was introduced as a bold move to deter the defection of lawmakers, who are lured by the promise of office, cash or other considerations. Since then, the law has been amended several times to suit the politics of the day, yet horse-trading remains the norm. Our leaders as also other office bearers, like the Speaker and the Governors, continue to exploit every loophole in it.
As of now, the anti-defection vests more powers with the Speaker. It is he who takes the final call on the resignations of the dissident MLAs. His decision is subject to judicial review but judicial reviews of the enforcement of the anti-defection law are a developing arena. According to the law, the Speaker has to act on merit and be impartial. But there have been many examples where it has been seen that presiding officers have not acted as impartial umpires. It is also expected of the Governor to play a non-partisan role but here, too, s/he has been found to be sympathetic to the ruling party.
It’s quite clear that the Kamal Nath Government in Madhya Pradesh has been reduced to a minority after 22 of its MLAs resigned from the Assembly. It’s true that horse-trading has become an intricate part of politics because of a downward slide in ethics. The hallmark of Indian democracy is such that it calls the party/leader, who secures a majority, to form the Government. But once the support diminishes, the best course for the falling Government is to tender resignation in a dignified manner and allow the democratic process to take over. But this rarely happens as our politicians are hell-bent on the democracy turning into a mobocracy.
Democracy can survive only when the executive, legislature and judiciary work harmoniously, independently and with a deep commitment to upholding the larger public interest. The ruling Government must initiate debate and discussion on how to promote value-based politics in the country. People are now fed up with divisive politics based on caste, creed and religion. By now it is clear that the anti-defection law lacks the strength to tackle corruption. This is why we need to review the functioning of our Constitutional objectives. As a first step, the Constitution must be amended. The scope to define corruption (beyond monetary aspect) must be widened. Misuse of Government funds must be strictly prohibited and included as an offence. Second, no one should be allowed to make his/her own interpretations on Constitutional provisions and rules. Bureaucrats are past masters in this and, thus, misguide the politicians in power. This is why we need to take a re-look at the anti-defection law.
There have been many commissions and panels, including the Dinesh Goswami Committee on Electoral Reforms and the Constitution Review Commission, which have stressed the need to do away with the Tenth Schedule provision regarding exemption from disqualification in case of a split. Some have even recommended that the President and the Governor should decide on disqualification in coordination with the Election Commission. The anti-defection law should be scrapped in its present form or should be amended and made straight. The cardinal principle of majority support should be the only criterion to determine support.
Only the Governor should be given the power to compulsorily order floor test in the Assembly, that, too, within a specific time. Third, the divisive politics played by regional satraps is a threat to political stability. Regional parties must lose their recognition for violating certain identified norms of governance. Fourth, a check on arbitrariness is a must while doling out post-retirement jobs to the bureaucracy. There’s also the need to enlarge the kitty of choosing experts beyond a coterie as there are several qualified people available in all fields.
The Modi Government, too, is faltering in bringing swift reforms. It is following the policy of nepotism and crony capitalism, which led to the previous UPA Government facing embarrassment from their appointees quite often. Networking around the powers that be and hitting a connection in the Delhi coterie are the only criteria today. The fact remains that unless our national character improves, no reforms will help. However, eternal hope is the cause of sustaining the Indian civilisation as we have the wherewithal to overcome such hiccups in nation-building.
(The writer is a retired civil servant)
