SC order focuses on political defections

While setting aside the then Karnataka Legislative Assembly Speaker K R Ramesh Kumar’s order to disallow 17 disqualified legislators to contest elections in the Assembly’s current term, the Supreme Court on Wednesday also gave voice to the growing concern of horse-trading in politics, which has continued unabated despite a tough law introduced under the Constitution's 10th schedule to check 'Aaya Ram Gaya Ram' politics.

“Political parties are indulging in horse-trading and corrupt practices, due to which the citizens are denied of stable governments. In these circumstances, the Parliament is required to re­consider strengthening certain aspects of the Tenth Schedule, so that such undemocratic practices are discouraged,” the apex court said in the order.

The observation of the top is in sync with a growing demand to find a new solution to unchecked horse-trading post elections and resultant dramatic frequent defections from parties across the political spectrum leading to instability in governance.

The apex court rued that “horse-trading and corrupt practices associated with defection and change of loyalty for lure of office or wrong reasons have not abated and flagged that in these circumstances, there is need to consider strengthening certain aspects, so that such undemocratic practices are discouraged and checked."

Under the existing Anti-Defection Act of 1985, at least two-third members of a party have to be in favour of a 'merger' in another party or formation of a separate group from the parent body.

Earlier, defections was a regular phenomenon. The most talked about personality, who led to the coinage of the term 'Aaya Ram Gaya Ram' (somebody came, somebody left) was an MLA from Haryana Gaya Lal in 1967, who changed his party thrice, switching from Congress to United Front, then again to Congress and then finally to United Front.

In some recent instances, the two-third bar put by the 10th Schedule to check defections, however, failed to act as a deterrent as legislators moved lock stock and barrel and victim political parties squirmed in discomfiture as they could do nothing to prevent it as such.

In June this year, 12 of 18 Congress 18 MLAs in Telangana quit the party and merged their group with the ruling Telangana Rashtra Samithi (TRS). In the same month, four of six TDP MPs joined the BJP in a go.

In July 2016, 10 of 15 Congress MLAs from Goa joined the BJP in the national capital in presence of its Working President J P Nadda.

In 2016, 43 of 44 Congress MLAs, including Chief Minister Pema Khandu, had deserted the parent party and joined the People’s Party of Arunachal (PPA), which was part of BJP-led front North-East Democratic Alliance (NEDA).

BJP successfully conducted Operation Lotus and poached a larger number of MLAs from other parties by getting them resign from their seats in Karnataka in 2008 and it helped the then chief minister B S Yediyurappa get up a majority in the Assembly. Later, there were attempts to re-enact Operation Lotus two three times.