Voters must do what the law can’t

Janata Dal (United) chief Nitish Kumar’s move to form the government in Bihar in alliance with the National Democratic Alliance (NDA) is a distressing development that makes a mockery of the anti-defection law.

Nitish’s latest somersault also deals a big blow to the I.N.D.I.A bloc, the big-tent political alliance, which is expected to challenge the BJP in the 2024 Lok Sabha elections.

Nitish’s shift is not shocking; he is an ace at jumping ship, becoming chief minister for the ninth time after switching allies five times in a decade.

Someone who said he’d rather die than join the BJP and who was accused by the BJP of alleged corruption, misgovernance, and casteist politics is ready to dance with this party with no apparent qualms of conscience. The expression ‘Aya Ram, Gaya Ram’ coined in the late 1960s for frequent floor-crossing can well be changed to ‘Aya Nitish, Gaya Nitish’, given his dubious record.

This trend of switching sides is bad for Indian politics, as more and more opposition leaders and politicians could jump the fence as elections draw closer. Karnataka’s Jagadish Shettar is a prime example, and news reports suggest there are many who are waiting for an opportunity to do the same. What happened in Goa, Madhya Pradesh, Karnataka, Maharashtra, and some other states is still fresh in the voters’ minds.

This disease of defection needs an immediate cure, and the only way out is to revise the anti-defection law. Given the inherent limitations in the existing law—conceived in 1985 and modified in 2003—there is a dire need for a more stringent anti-defection law because defections continue with impunity, making a mockery of our democracy and the electorate.

For the uninitiated, 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. So, primarily, the anti-defection law does not apply if the defectors account for more than two-thirds of the party they are quitting.

What’s more, 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. It is unnecessary to state how impartial the speaker can be!

An essential and far-reaching suggestion that has been made often needs serious consideration. That is, to do away with the two-thirds rule to break away from the parent party and merge with another, and strictly make it illegal for any elected MLA or MP to defect to another party.

If an MP or MLA, elected on a party ticket, defects to another party, he or she should be named, shamed, suspended, and disallowed to contest elections or hold public office for at least five years. To commit a breach of faith, he/she must seek a fresh mandate from the people. Also, if a candidate defected to another party, he/she should not be entitled to become a minister for at least three to five years.

Moreover, it must also be ensured that the speaker of the house acts swiftly and impartially in the disqualification proceedings. It would be beneficial if an external, independent body were set up to deal with defections, as suggested by a former Supreme Court judge.

Political defections are a betrayal of the people’s mandate and democracy. Citizens vote for a certain candidate based on their assessment and the party he/she represents. If that candidate jumps ship, it amounts to a breach of trust. What has been a long-pending demand and needs to be incorporated into the law are stringent penalties for defectors.

Nitish’s frequent floor-crossing is undoubtedly a bad example of leadership and democratic principles, something that needs to be strongly condemned and eschewed. But unfortunately, with the general elections looming large, other opposition leaders and politicians are likely to emulate Nitish, the ‘paltiputra’. This will further weaken the I.N.D.I.A bloc after West Bengal and Punjab leaders announced they would contest elections on their own.

Various committees have made recommendations and amendments to strengthen the anti-defection law, but sadly, successive governments have failed to act. Defections continue to take place with sickening regularity, seemingly a cunningly effective way for politicians to survive and prosper.

So, do we, the voters in the world’s largest democracy, embarrassedly watch this ‘comedy of chameleons’ as something that is normal, or is there something we can do that the law cannot?

Indeed, we can. It is high time we, the people, who are the basic source of power in a democracy, exercised our power to oust defectors by not voting for them.

(The writer is a senior journalist)