Toughen the anti-defection law

Recent reports citing Karnataka politicians about defections and attempts to topple the elected government are disturbing and warrant strengthening the anti-defection law to combat the menace of defections. 

In July, Karnataka deputy chief minister D K Shivakumar alleged that there was a plot to topple the Congress government in the state and that secret discussions were being held in Singapore.

In August, BJP legislator B P Yatnal claimed that the Congress government in Karnataka would collapse before the Lok Sabha polls next year, as some 25 legislators from the ruling party were ready to quit. More recently, Shivakumar hinted that the Congress may lure or poach back BJP and JD(S) leaders who defected in 2019.

The Congress won the Karnataka assembly elections this year with a decisive majority. As general elections loom large, attempts to poach MLAs and defections seem par for the course. There must be a good reason for the two politicians to make those statements. Are conspiracies being hatched? Worryingly, every political party seems afflicted by the defection disease.

What happened in Goa, Madhya Pradesh, Karnataka, Maharashtra, and some other states is still fresh in the voters’ minds. Given the inherent limitations of the existing law—conceived in 1985 and modified in 2003—there is an urgent need for a more stringent anti-defection law because defections continue with impunity, making a mockery of our democracy and the electorate.

For the uninitiated, according to the 1985 Bill, a ‘defection’ by one-third of the elected members of a political party was considered a ‘merger,’ but as per the 2003 amendment, at least two-thirds of the members of a party have to be in favour of a ‘merger’ for it to have validity in the eyes of the law.

In essence, the anti-defection law does not apply if the defectors account for more than two-thirds of the party they are leaving.

Furthermore, the decision to disqualify MPs or MLAs lies with the speaker of the house, who customarily belongs to the ruling party or the party benefiting from the defections. Needless to say, this raises concerns about the impartiality of the speaker. As a result, defections have continued unabated.

It is not just the naked pursuit of power; huge sums of money pumped into the political system have aided defections. The electoral bonds have only led to more “political corruption,” as alleged by the opposition parties, due to the opacity of the scheme.

Political defections are a betrayal of the people’s mandate and democracy. Citizens vote for candidates based on their assessment and the party they represent. If that candidate jumps ship, it constitutes a breach of trust and betrayal. Stringent penalties for defectors need to be incorporated into the law. It has been a long-pending demand, and various recommendations have been made.

If an MP or MLA, elected under a party banner, defects to another party, he/she should be named, shamed, suspended, and disallowed to contest elections or hold public office for at least five years. Seeking a fresh mandate from the people should be mandatory for those who breach faith. Moreover, if a candidate defects to another party, he/she should be
ineligible to become a minister for a minimum of 3 to 5 years.

Establishing an external, independent body to handle defections, as suggested by a former Supreme Court judge, could be beneficial.

Crucially, a suggestion that has been frequently made needs serious consideration: eliminating the two-thirds rule for breaking away from the parent party and merging with another, making it strictly illegal for any elected MLA or MP to defect to another party.

In a parliamentary democracy such as ours, it is essential that the Election Commission of India (ECI) be independent and empowered with authority to regulate political parties, as is the case in some countries. But disappointingly, it appears that even the ECI is likely to become a puppet in the hands of the ruling party if one goes by the latest bill introduced to remove the Chief Justice of India (CJI) from the three-member panel to elect the Chief Election Commissioner and Election Commissioners. Recently, the Union government introduced a bill removing the CJI from a three-member panel. Instead of the CJI, the panel will comprise a cabinet minister, the leader of the opposition in the Lok Sabha, and the prime minister. This is unconstitutional, unfair and must
be opposed.

Since successive governments have failed to strengthen the anti-defection law, it is high time we, the people, exercised our power to oust the defectors by not voting for them.

(The writer is a Bengaluru- based senior journalist)