Sept. 6, 2024
Ending Political defections
Context:
Engineering defections, wherein elected representatives switch parties, undermines the people’s mandate and the democratic process. This issue has been particularly prevalent in Indian politics, as seen in Telangana with the defection of MLA M. Sanjay Kumar from the Bharat Rashtra Samithi(BRS) to the Congress
Background and Context:
• Defections in Telangana: Since its inception in 2014, Telangana has witnessed several instances of political defections.
• Case of K. Chandrashekhar Rao: The first Chief Minister of Telangana, K. Chandrashekhar Rao, managed to induce numerous defections to consolidate his power, increasing his party’s strength from 63 to 90 MLAs out of 119 seats.
• Current Scenario: The recent defection of M. Sanjay Kumar has reduced the strength of the principal Opposition, BRS, from 39 to 33 in the State Assembly.
Legal Framework:
• Anti-Defection Law: The 10th Schedule of the Indian Constitution, enacted in 1985 and amended in 2003, was designed to prevent political defections.
• Provision and Loopholes: The law provides an exception if two-thirds of a party’s members defect and merge with another party. Additionally, the Speaker has the sole discretion to decide on disqualifications without a set timeline, often leading to delays and partisan decisions.
Issues and Challenges
• Partisan Role of Speakers: The Speaker’s role in disqualification cases is often influenced by party affiliations, compromising the impartiality required for fostering democratic principles.
• Weakening of Opposition: Defections reduce the strength and effectiveness of the Opposition, undermining its role in providing checks and balances against the ruling party.
• Violation of Democratic Spirit: Defections go against the essence of participatory democracy, where elected representatives are expected to uphold the mandate given by the electorate.
Case Studies
• Jagtial Constituency: The defection of Sanjay Kumar has caused discontent within the Congress, particularly affecting T. Jeevan Reddy, who lost the Jagtial Assembly seat but currently serves as a Congress MLC.
• Revanth Reddy’s Attempt: In 2015, A. Revanth Reddy, then a TDP member, was involved in a bribery scandal aimed at inducing defection to secure votes for the TDP.
Significance
• Impact on Governance: A strong and stable Opposition is crucial for effective governance and preventing unilateral decisions by the ruling party.
• Democratic Health: Ensuring the integrity of the electoral mandate is essential for the health of democracy and maintaining public trust in political institutions.
Solutions
• Amending the Anti-Defection Law: The law needs further amendments to close existing loopholes and ensure timely and impartial decision-making.
• Independent Adjudication: Transferring the power to decide on disqualifications from the Speaker to an independent body like the Election Commission can help ensure fairness.
• Strict Timelines: Imposing strict timelines for deciding on defection cases can prevent undue delays and manipulation.