Do we need a new anti-defection law to curb resort politics in 2021? скачать в хорошем качестве

Do we need a new anti-defection law to curb resort politics in 2021?

Resort politics, where elected legislators are taken to hotels or resorts by political parties to avoid defections before a floor test, have become a regular phenomenon every year. Despite Supreme Court verdicts on the conduction of floor tests and limiting the role of Governors, the unsavory sight of MLAs bundled up in buses and allegations of bribery by political parties keep on repeating. Does it mean that the anti-defection law has become defunct? Anti-defection law was brought in to stop legislators from switching parties. But there's no denying that there exists a legal lacuna when legislators resign from a legislature to join another party, as witnessed in Madhya Pradesh in March; or if they voice intra-party dissent, which was witnessed a few months back with Sachin Pilot and other rebel MLAs from Rajasthan. "Rebel" legislators to have a valid point when they voice intra-party dissent, after all, they too are elected representatives like the Chief Minister. So what is the scope of power under the anti-defection law? According to the Ex-Secretary General of Lok Sabha, Constitutional Expert Dr. Subhash Kashyap, there are only two conditions under which a legislator can be disqualified. Either when an elected representative disobeys the party whip or voluntarily leaves the party, he/she is liable to disqualified under the anti-defection law by the Speaker. But the party whip applies only to in-house proceedings, not to differences within a political party. This itself was witnessed a few months back in Rajasthan where Deputy Chief Minister Sachin Pilot and 18 other Congress MLAs voiced concerns over CM Ashok Gehlot's leadership but didn't formally leave the party. Neither did it apply to Jyotiraditya Scindia and other Congress MLAs who resigned from the Madhya Pradesh Assembly in March which led to the ascendance of a BJP-led government in the state. No law could stop Scindia from entering Rajya Sabha on a BJP ticket from the same state, this time being voted to the seat by BJP MLAs. Senior lawyer Abhishek Manu Singhvi, who had represented the Rajasthan Assembly Speaker in the High Court in Sachin Pilot's case, is of the view that a new framework is needed to govern actions of legislators and clearly earmark the role of the Speaker, who then gets to decide on disqualification notices. He also wants the role of the Governor to be restricted to ceremonial duties to prevent any meddling in the functioning of the elected legislature. But much water has flown under the bridge since the anti-defection law was enacted. Pointing to an oft-ignored aspect of the anti-defection law, Former Attorney General of India, senior lawyer Mukul Rohatgi opines that it was "meant to stop the Aya Rams and Gaya Rams to stop crossing over for the lure of power and money, not meant to stifle free speech and dissent which is fundamental to any democracy." Outgoing legislators can escape disqualification only if they're over two-thirds of the strength of their political party in an elected house. This means that the will of a single legislator remains at the mercy of the majority of his/her party colleagues in the elected house. Resort politics is rightly criticized for reducing elected legislators to chattel. But the irony is not lost on the anti-defection law itself, which curbs intra-party dissent by reducing elected lawmakers to rubber stamps driven by the party whip. As the country awaits assembly elections in Assam, West Bengal, Kerala, and Tamil Nadu in 2021; the Parliament needs to plug deficiencies in the existing anti-defection law to prevent unsavory instances and allegations of horse-trading which cast a shadow on Indian democracy. Subscribe To ET Now For Latest Updates On Stocks, Business, Trading | ► https://goo.gl/SEjvK3 Subscribe Now To Our Network Channels :- Times Now : http://goo.gl/U9ibPb The NewsHour Debate : http://goo.gl/LfNgFF To Stay Updated Download the Times Now App :- Android Google Play : https://goo.gl/zJhWjC Apple App Store : https://goo.gl/d7QBQZ Social Media Links :- Twitter - http://goo.gl/hA0vDt Facebook - http://goo.gl/5Lr4mC G+ - http://goo.gl/hYxrmj Website - www.etnownews.com