B L Saraf
Supreme Court has struck a powerful blow for a political morality in the country, in as much it has sought to administer some measure of stringency in the law of defection. We hope a cunning politician pays heed. The Apex Court has made some pertinent observations in the matter of defection of a Legislator from the political party on whose ticket he had got elected to the Assembly to another one, that has come to rule a state. In an order of far reaching consequences Supreme Court has asked Parliament to consider setting up a permanent tribunal headed by a retired judge or any other independent mechanism to hear disputes regarding defection of a legislator from one political party to the other . The Court made these suggestions in a case brought against an action of Manipur Speaker that violated spirit and letter of Tenth Schedule of the Constitution, incorporated in 1985 to prevent the horse trading of the legislators. Here an MLA, elected on a Congress ticket defected to BJP and,soon, thereafter was appointed to the Manipur cabinet. Had the Speaker acted with due promptitude, as law demanded of him, the legislator’s defection should have immediately attracted provisions of anti -defection law and consequences visited him. But that didn’t happen as the obliging Speaker came to his rescue . The question, therefore, arose whether the Speaker could be entrusted with a power to adjudicate up on a election dispute or disqualification of members when his fairness could be suspect .
All over the country, the trend of politicians going party hopping, with no qualms to the morality, has now become an established norm. There is no shame in being dubbed a turn coat. Electors indifference to the ‘enterprise’ has sanctified the brazenness. Having tasted power and perks in a ruling organization that has been voted out the legislators who call themselves “public servants ” can’t bear being without executive power. So they go out Party shopping and pick a one that has occupied the treasury benches thus cheating his / her electorate which has enabled him / her to enter the house . For the most enterprising, hunt starts well in advance for a party which, in their calculations, will assume power in near future. For others job opens up on the completion of election business. In either case, they conveniently find themselves in a Political party that is in power, and, as a ” measure of favor to their electorate ” seek a berth in the cabinet to “do the public service “. It is a different matter that, along with availing attendant perks, they get handsomely paid for the “service” . For the side changing legislators it is business as usual with no worry of disrepute his somersault will bring him in.
Jammu and Kashmir has gone through the defection syndrome as early as in 1953 when, on the bidding of Central government, Sheikh Abdullah was dethroned by his deputy Bhakshi Gulam Mohammed. With the active support of the Congress party, in the summer of 1984 we saw the syndrome raise head again when Farooq Abdullah was ditched by his own MLAs to lose power to his brother -in law, G M Shah. This is an another story that a year and a half after G M Shah has had the taste of same medicine. Though, at present there is no legislative Assembly in existence in J&K, yet we hear murmurs of ‘ change over ‘, after a group of former legislators and ministers met with the LG, in Jammu. People have started rememberin Bhakhshi Gulam Mohammed and references to the drama of 1953 are flying thick and fast.
Well it can be said that party changing is integral to the parliamentary democracy . No one can bind his / her loyalty to a political organization for ever . He has a right to leave the party, on a principle, as he has the one to join it. But when we witness it happening on a regular basis, primarily, for the love of lucre, with no regard for the democratic norms, it sounds a death knell for the democracy itself. It is a travesty that a we have become hostages to the persons who crisscross varied political landscape with impunity and make fool of his electors.
The party shopping phenomenon reminds us of the infamous metaphor ” Gya Ram Aya Ram” which is Haryana’s gift to the rest of India, held dear by political practitioners of all hues. It so happened that MLA Hasanpur, Gya Ram, changed parties three times on 1st November 1967. Not knowing where he was, the media persons enquired from the Congress Chief Minister, Rao Birendar Singh about Gya Ram’s latest position. C M quipped “Gya Ram is now Aya Ram.” Conveying that he has returned back to the fold. Rao hadn’t though it in his wildest dreams that he was coining a term that would become catch phrase of Indian politics.
It is really reassuring that the SC bench has set three month outer limit for the Speaker to conclude disqualification proceedings. However given that the Speaker is a Party person, it is too much to expect of him to be free of a bias in dealing with these proceedings, in future. Therefore it is for Parliament to heed the sane words of the Apex Court and fix the flaw in law and provide for a tribunal where Speaker may not have any say.
The unprincipled political defection business must be stopped . May be a legislator has a genuine cause to change side midstream then he should resign the seat and sweat it out a fresh in the electoral arena. Also, he should be denied luxury of retaining ‘lien ‘ in the party he has just deserted. Probably, this measure may deter a potential deserter from embarking up on the exercise and allow some amount of probity returning to the political culture .
(The author is former Principal District & Sessions Judge )
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