Day 26 – Q 1.Recent developments in Karnataka and Goa legislative assemblies prove that the political problem of defection can’t be addressed by the legal solution of the anti-defection law. Comment.

1. Recent developments in Karnataka and Goa legislative assemblies prove that the political problem of defection can’t be addressed by the legal solution of the anti-defection law. Comment.  

कर्नाटक और गोवा विधानसभाओं के हाल के घटनाक्रम यह साबित करते हैं कि दलबदल की राजनीतिक समस्या को दलबदल विरोधी कानून के कानूनी समाधान से दूर नहीं किया जा सकता है। टिप्पणी करें।

Introduction:

The anti-defection law under 10th schedule of the constitution was enacted through the 52nd amendment after a prominent culture of ‘Aaya Ram Gaya Ram’, in which legislators used to change parties frequently, was witnessed in the Indian polity.

Body

Anti-defection law:

• Grounds of disqualification- 
  • Voluntarily giving up membership of the party
  • Voting against the direction of whip in the house
• Also, it provides in case of merger, if two-third of members of the party agree, there will be no disqualification, thus, validating mass defections.

A legislator is well within his rights to change party; in fact, he must if he loses trust in his parent party or finds another ideology more attractive. But any shift in political affiliation would mean the right to represent the mandate is lost, making the role of anti-defection law important.

Recent developments in Karnataka and Goa, though are defection, pass the anti-defection test and the members can continue to be a part of the government.

• Karnataka– Members resigned from the house instead of party, thus reducing the government to a minority and not inviting the wrath of anti-defection law onto themselves. 
• Goa– Here mass defections were witnessed which are valid as per the law.

Both the above cases, as well as recent trends in Telangana and Rajya Sabha, show how legislators can bypass laws and thus there is a need to look at the problem from more than a legal perspective.

Way forward:

• Prevent unholy alliances- Parties form post-poll coalitions with the opposing parties only to form government, even when the ideologies do not match and against the wishes of elected legislators, as happened in case of Karnataka. 
• Internal democracy- Parties should promote internal democracy for the member to express their opinion on important matters concerning parties, like with whom to form coalition, who should be chief minister etc.

Conclusion

Keeping defections in check ensures stability of governance and helps in keeping up with the mandate of people. Thus, to uphold this spirit, reforms within the parties are required apart from the legal solution.