Representative democracy, which is unanimously conceived as a suitable form
of government for very populous-cum-diverse countries like India, is basically
embraced to insure proper representation and equitable as well as relentless
voice of citizens of all constituencies in government. But the problem of
political defection, resignation of representatives motivated by political and
economic lure offered by opposition parties before the completion of tenure, is
posing formidable impediment before the democracy in India.
Moreover, Anti-defection law has been inserted in 10th schedule of the Indian
constitution through 52nd Constitutional Amendment Act (1985); which has
explicitly stipulated that membership of such representatives ,who embrace the
political defection for personal gain, will be cancelled in their concerned
house of legislature including state legislatures.
Furthermore, 91st Constitutional Amendment Act (2003) has again removed the
prevalent loophole by declaring that split of political parties would be sound
reason for cancellation of membership of all members of the faction, which would
be merged in other parties.
Moreover, Supreme court of India has accepted in Kihoto Hollohan Case (1993)
,contrary to parliament's assertion, the decision of compliance of
Anti-defection law by presiding officer of concerned house of state legislatures
or parliament as a challengeable in high courts and apex court in order to
insure proper and unbiased implementation.
However, unbridled political defection and resignation of members of ruling
coalition or ruling party ,due to horse-trading, is unfortunately a normal
activity in India. In this way, the members of the ruling party are offered the
huge amount of money and comparatively powerful post instead of resignation or
political defection.
Thus, the fear of cancellation of membership of the concerned legislature
contains no effect on the representatives due to the fulfillment of their desire
of powerful post and collecting a big amount of money, for which merely such
representatives have indeed joined the politics and elected with the help of
money and muscle powers accompanied by criminalization of politics and
politicization of criminals.
Moreover, political parties try to manipulate public opinion by breaking
coalitions, fueling political defection and stimulating resignations of ruling
party representatives to manufacture opportunities. In this process, new
majority through new coalitions emerges, and consequently, new government forms.
Once election has been held and results have been declared, formation of
government is started to be as a game of manipulation of public opinion. It
happens more generally in case of coalition governments as well as governments
with very short majority. Only that party can uphold the government who will be
able to insure prevention of any type of political defection, resignation etc
from itself.
So Consequently, the principal function of the governments becomes to maintain
majority in the legislature by insuring no horse trading of their members rather
than focusing on welfare schemes as well as proper functioning of government as
per democratic values and citizens' desires.
Thus, all these deadlocks manifest in form of lack of development and welfare of
the people, whose political affairs theoretically contains paramount importance
in democracy but in ground reality citizens is being ignored and only political
leaders defines the entire political gamut. Most importantly, citizens,
inalienable parts of democracy, have no right to intervene in this manipulation
of public opinion before the completion of tenure of five year, when the new
elections would be held again.
Thus unethical and irresponsible political representatives, who have been
elected through undemocratic and immoral means including money and muscle
powers, merely try to enhance their political power and money; for which they
embrace the way of political defection or resignation of their membership
instead of lure offered by opposition political parties. Issue of dissent
between different faction of ruling party is also conceived as a major reason
behind resignation of members, so it needs to be addressed. Similarly, spreading
political awareness and enhancing civic culture in our society will be
prerequisite to imbibe a real democratic values.
How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...
It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...
One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...
The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...
The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...
Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...
Please Drop Your Comments