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19th March 2024 (13 Topics)

Defections and disqualifications, a big farce!

Context

The anathema of defections has been a prominent feature of Indian political discourse and has become a big farce in the recent years.

1: Dimension- Fundamental factors that create the breeding grounds for defection.

  • 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.

2: Dimension-Ethical paradox

  • There are two types of defections:
    • The first that is solely done solely for immediate political gains
    • The other that takes places due to ideational or ideological grounds.
  • However, the mere idea of political defections has always involveda paradoxical ethical question in the practice of democratic politics.
  • The act of sudden abandonment of the party to which the defector belonged and switching to another party (often rival parties) after winning the election under the banner of the earlier party, is largely perceived as an act of political impropriety and opportunism.
  • However, the very act of defection can not only be a product of unethical politics.
    • Moral Protest: Defections might also be perceived as instruments for upholding democratic principles of equality, accommodation and justice.
    • From the defector’s point of view, defection may be treated as a moral protest is aimed at restoring democracy, both within the party in question and in promoting democratic spirit in the polity.
    • Such defectors, in their feat of self-righteousness, may also locate the value of justice in the act of crossing over to other parties. Put differently, such moves of defection are seen as desirable as though they were driven by larger concerns for justice; justice that anticipates the party bosses to treat their leaders with fairness and dignity.

This creates an intractable ethical dilemma in electoral democracies with regard to the act of defection.

3: Dimension-Required Measures

  • Urgent Need for Stricter Anti-Defection Law: The current anti-defection law, outdated since 1985 and amended in 2003, fails to curb defections. Immediate action is required to strengthen the law as defections persist, undermining democracy.
  • Deeper Analysis of Party Dynamics Required: Understanding party structures and leadership styles is crucial to uncover the root causes of defections. A thorough examination beyond surface concerns is necessary.
  • Coherent Reforms Essential for Party Improvement: Positive reforms are vital for enhancing party functioning and addressing defection challenges in the long term. A comprehensive approach is needed to implement these reforms effectively.

Mains Practice Question

Discuss the ethical paradox surrounding political defections in India, highlighting the challenges posed by the existing anti-defection law and the imperative for comprehensive reforms to address this issue.

UPSC PYQ (2019)

Q; On what grounds a people’s representative can be disqualified under the representation of people act 1951? Also, mention the remedies available to such a person against his disqualification.

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