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Anti-defection laws need to be strengthened

NewsAnti-defection laws need to be strengthened

During PM Modi’s rule, a comprehensive change in the election laws are expected.

 

New Delhi: Every party is making claims of victory in the upcoming five Assembly elections, but those assessing the ground reality believe that there may be a possibility of a coalition government not only in Goa, Punjab, Uttarakhand but also in Uttar Pradesh. After all, not only the Samajwadi Party, the BJP too has made electoral agreements with some smaller parties. This can be understood for compulsions and for immediate benefit. But this time too, the way in which a large number of BJP leaders have migrated due to ticket cut or dissatisfaction in Uttar Pradesh or Congress MLAs changed parties in Goa earlier, it should be a matter of serious consideration for these big national parties and the election system.
To get rid of the quagmire of defection, a law was made in the rule of Rajiv Gandhi in 1985 and then another amendment was made in the election reform law in 2003 during the regime of Atal Bihari Vajpayee. So, more than 20 years of reforms have elapsed, but clever leaders made tunnels of self-fulfilment by bargaining on the pretext of caste, sect, regional interests and some loopholes of laws. The stability of the governments depends on a single party getting a sufficient majority. In democracies like the US and UK, defection is not a problem because of two or three national level parties. In India, the problem has been increasing due to the weakening of national parties and the dominance of regional parties in some states. The situation of differences and conflicts between political leaders or parties on ideological grounds was understandable in the Seventies. Now because of social, economic and to a large extent political considerations, there is no difference in most parties. Communist parties or smaller parties with a religious base may be exceptions. Similarly, two or four regional parties may be different. Those bargaining for transfers, contracts, creamy departments and more facilities of power are now defecting or forming new alliances in the name of caste interests.
It must be acknowledged that with the anti-defection law, Rajiv Gandhi made serious efforts against caste politics. V.P. Singh, who took advantage of power from the Gandhi family and Congress for years, set fire to caste politics on the pretext of implementing the recommendations of the Mandal Commission. He gave the slogan of Bofors and corruption, but got power on the strength of many such leaders including Arun Nehru, who were the real culprits of those charges. Arun Nehru played a major role in the Bofors deal. After coming to power, Prime Minister Narendra Modi has definitely got life support by giving importance to the issue of Hindutva, along with development and by improving the economic condition of poor villages. Due to this, more trouble is coming for those who prove undue selfishness on the basis of caste. It is impossible to discriminate in the interests of all castes and minorities in development, plans and economic facilities. Yes, the irresponsible activities of some fundamentalist organisations in the name of Hindutva are tainting the image of the Modi government and BJP. Such communal organisations do not get wide support of the public, but they have started putting unnecessary pressure on the powers that be, by playing with the sentiments of the common people. This applies not only to Hindu organisations but also to Muslim or extremist caste organisations.
From this point of view, there is a need for consideration to curb such selfish elements and party dedication and coalition in elections.
At this time, not only Goa, Manipur and Punjab, there is a need to think about Jammu and Kashmir and the Lok Sabha elections to be held in 2024. Conflict directly with the Centre in the border states, coming to power of leaders with foreign influence, bargaining will create dangers for the entire country and democracy. The country has already suffered a lot because of anti India propaganda in Punjab and Kashmir and because of terrorist organisations and drug and arms smugglers. Similarly, there has been a lot of bloodshed on communal issues as well. For candidates with criminal background, this time the Election Commission has issued a decree to give sufficient information to the voters. But this step is not enough. Which website can rural voters access to vote wisely? The matter of the village is far away, if the survey is done, then in metros like Delhi, lakhs of voters vote on the basis of the election symbol, but cannot even tell the names of the local councillors or MLAs. The disease of digital connectivity has distanced not only the leaders but even the workers from the public in the metros. Therefore, this recommendation made by the Election Commission over the years to stop candidates of criminal background, it is necessary to make a law from Parliament and Supreme Court, in which there is a provision to stop contesting elections after a charge sheet is filed in court. Similarly, there is a need for amendments in the election laws as soon as possible, taking lessons from the instability in governments due to defections in Goa, Karnataka, Madhya Pradesh and Rajasthan during the last years. There have been incidents of bias in the decisions taken by the Speaker of the House and the Governor on the defection of MLAs or MPs after the elections. That is why it was recommended a few years ago that a tribunal headed by a former Supreme Court judge should be set up to deal with the defection cases after the elections. The spending limit in elections has been increased somewhat this time, but experience shows that parties and candidates find ways to cross all limits. The candidate spending Rs 5-10 crore or his close supporters will make arrangements for his benefit when he comes to power. The government and the BJP have a majority in the current Parliament and some other parties have been raising their voice for electoral reforms. Prime Minister Narendra Modi has taken revolutionary steps like demonetisation to rid Kashmir of Article 370 and abolish the divorce system. Therefore, during his rule, a comprehensive change in the election laws should be expected. In this campaign, the law of 33% representation for women in Parliament and Legislative Assemblies will also become a new historical chapter of democracy
Alok Mehta is Editorial Director of ITV Network, India News and Dainik Aaj Samaj.

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