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Law has to evolve to deal with burgeoning evils of breakdown in political parties: SC

Last Updated 13 April 2020, 09:57 IST

The Supreme Court on Monday said the law may have to evolve to address the "burgeoning evils" of a breakdown in the composition and allegiances of the political party due to private allurements as opposed to public policy considerations.

"The spectacle of rival political parties whisking away their political flock to safe destinations does little credit to the state of our democratic politics. It is an unfortunate reflection on the confidence which political parties hold in their own constituents and a reflection of what happens in the real world of politics," a bench of Justices D Y Chandrachud and Hemant Gupta said.

In Madhya Pradesh, 22 Congress MLAs had resigned last month, causing fall of the Kamal Nath government. These MLAs were taken to Bengaluru where they remained holed up until Kamal Nath resigned.

In a detailed judgement, on a plea by Shivaraj Singh Chouhan for floor test in Madhya Pradesh Assembly, the bench pointed out political bargaining, or horse-trading was an oft-repeated usage in legal precedents.

"Poaching‘ is an expression which was bandied about on both sides of the debate in the present case. It is best that courts maintain an arm‘s length from the sordid tales of political life," the bench said.

In defining constitutional principle, this court must be conscious of the position on the ground and an effort has to be made to the extent possible to ensure that democratic values prevail, the bench added.

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(Published 13 April 2020, 09:57 IST)

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