Toothless anti-defection laws fail to rein in party hoppers

Elections in India have proved to be a scam and a sham played out by all political parties and politicians in the fray. The ‘Chameleonic transmutations’ performed by political deviants of all hues with unhindered frequency reflect the perpetuation and progression of a chronic systemic affliction plaguing a supposed-to-be democratic dispensation. Defections have exposed defects and deficiencies within the constitution, conspicuous in its impotence in curbing the deception and malpractices committed by the elected representatives.

Anti-defection law has proved to be a dud, reflected in the crossovers that happen with impunity, and, evident from its total failure to rein in political turncoats. Justifiable questions are often raised about the relevance of the law, and its very existence, since there are perhaps very few precedents of turncoats being unseated from Legislatures and Parliament. Anti-defection law has proved to be toothless with politicians violating the law and gravitating unhindered towards the power centers.

In addition to the morbid Anti-defection law, the trans-migration of politicos and political parties are happening because of two factors. One of the impediments is the fact that defections by MLAs or MPs are allowed by the speaker who is from the ruling party. The speaker’s involvement leads to questions about whether the Judiciary can interfere in the affairs of the Legislature.

Precisely, for this reason and to facilitate judicial intervention, petitions filed by the voters should be made admissible in courts, under the laws related to breach of trust, cheating, and fraud. Voters must have substantive grounds to seek judicial intervention. For instance, our vote is for a certain party and the winning candidate from this party jumps to the party against which he or she has contested, then it should be legally considered betrayal of the voters by the defector. This action should be legally construed as cheating and breach of trust. All these reforms can be made effective only through judicial scrutiny and intervention, because our Parliament comprises the same lawmakers who indulge in gross violation of rules and resort to impropriety. Perhaps all such suggestions may seem too utopian in a dystopian system.

India’s Political culture - not that most political parties had any - has degenerated to such an extent that only comprehensive overhaul to cleanse the systemic flaws can stem the rot. Admittedly, any suggestion of reforming the politicians and the political system could be construed as fantasy as the lawmakers themselves are the culprits. Can we expect the very same lawmakers to formulate policies that would spell their own doom?

Our experience vividly indicates that all politicians irrespective of their party affiliations are united in defeating and defying any reformist policies that would curb their deception and misdemeanors. Even the very few laws that exist to check malpractices have proved to be malleable and full of loopholes with enforcing institutions like the Election Commission being intimidated into submission and subjugation by the ruling political establishment of the day. There is an urgent need to revamp the political system and process, - before it deteriorates to a point of no return - even if it means judicial intervention and interference, in matters related to betrayal of public trust by India’s parliamentarians and Legislators

For instance, the law allows those who have criminal cases pending against them to contest elections. According to the Association of Democratic Rights (ADR), out of the 543 winning candidates in the 2024 Lok Sabha elections, 251 candidates - i.e., 46% - had criminal cases against them. While the logic that every accused is innocent till proven guilty is acceptable, whether the same should be made applicable to those entering the political fray is a big question.

The entire political narrative in India vividly demonstrates that democracy is being hijacked by unscrupulous politicians - aka Machiavellians. India’s electorate is being subjected to untrammeled deceit by the politicians in connivance with inaction of enslaved institutions. Political jumping jacks have been instrumental in decimating the credibility and credentials of democracy. Reforms or remedies could be possible but not guaranteed - considering the devious track records of politicians and political parties - if laws related to referendum and ‘right to recall’ are implemented based on periodic appraisal of the performance of MLAs and MPs. In addition, Manifestos should be categorised as legal documents admissible in courts in case of commitments and promises. Laws related to breach of trust should be enforced against defectors. But again, the big question “will the turncoats turn against themselves”?

(The writer is a senior journalist and media educator)

ABOUT THE AUTHOR

Satyapal Menon

Satyapal Menon[email protected]