The political drama in Karnataka yet again brings to fore the urgent need for a review of the anti-defection law as also the powers and functions of governors and speakers. To begin with, there must be a clear time-frame for a speaker to decide on disqualifications and resignations of MLAs.
One cannot help but agree with the judgement on the use of whip by parties. Because the Constitution does not accord any primacy to political parties. But by using the whip, they were holding elected members, and by default, their voters to ransom.
Under the parliamentary system provided in the Constitution, it’s an individual member who is voted by the electorate to represent them. What affiliation he belongs to is immaterial. It is our colonial mindset that we still believe and vote for one sultan of dilli, or a grouping rather than the representative we vote for.
The anti-defection law was subordinating the will of the elected representative to the will of the party. Therefore, it was going against the spirit of constitutional democracy. What constitutional right does any party have over the express will of the electorate and their representative? At the most, they may withdraw membership from the party.
Of course, the judgement may lead to instability and horse trading. But has the anti-defection law been able to prevent poaching? The richer parties continue buy their way. Even on bills in Parliament, the people’s representative need not toe the line of the party and can remain true to his calling. We must learn to take a strictly constitutional view on these vulgarities that have crept into our interpretations.
The old rules seem no longer to apply. When there is a particularly egregious violation of constitutional morality, the apex court steps in. That is a double edged sword, for it is – with no great desire of its own – entering into a reserved space that should be governed by the presiding officers of the legislature. For the incumbent, too overt a display of realpolitik can lead to a build up of anti incumbency. It will be seen to be not living up to ideals it has professed with the utmost vigour. For the Opposition, led by the Congress, pushed to the wall, with at least a decade of being out of power now a reality, the shock and awe of 23rd May will dissipate quickly. It will regroup, join forces, contest the way HDK is doing to save his chair. 2. Whether one views these developments in a normative sense or judges them by what is being delivered to citizens, there is little to cheer about. How much changes in the law, redefining the role and powers of Go errors / Speakers, can cleanse the system is difficult to judge. Institutions are proving to be made of papier-mâché. Antakaran se awaaz uthni chahiye.