The Drama of Democracy
Written on July 19th, 2019 by {"login"=>"jcbitshyd", "email"=>"journal@hyderabad.bits-pilani.ac.in", "display_name"=>"Journal Club, BPHC", "first_name"=>"", "last_name"=>""}In the past few months, since the 17th Lok Sabha elections concluded, Indian politics has had quite a few interesting developments. Beginning with the formation of the new Cabinet, the resignation of Rahul Gandhi as Congress President, and also the new Union Budget. Although things seem a bit sorted at the Central level, the most notable of all political events are happening at State level politics.
These events started on 20th June when four out of the six TDP Rajya Sabha MPs merged with the BJP. This increased the BJP’s tally with its allies to 105 in the Rajya Sabha. This was a move which the defecting MPs justified was in favour of their respective constituencies.
Then rumblings started in the state of Karnataka in early July. The Karnataka Government has been in the news ever since its formation after the Assembly elections in May 2018 when two opposing parties [INC and JD(S)] decided to form a post-poll alliance against the BJP. Now, 13 MLAs from this coalition submitted their resignation from the Government stating that they were denied deserved attention by the Government. These resignations triggered a series of reactions from the coalition which is now in a tough spot as its majority in the Assembly is now in jeopardy. This is a tussle which is yet to conclude, and till now we’ve seen everything from ‘Resort’ politics to allegations of ‘poaching’ and ‘horse-trading’ of MLAs.
Even before the crisis in Karnataka could come to a rest, on 10th July, 10 out of the 15 Congress MLAs in Goa decided to merge with the BJP. This strengthens the BJP in Goa with 27 Assembly seats. Pramod Sawant, Goa CM said that this was an unconditional move from the MLAs side who thought about the progress of the State.
With all this political turmoil going on in the country, any politically aware citizen of the country is compelled to ask these vital questions.
HOW LEGAL ARE THESE ACTS?
Although there is nothing about these acts that feels right but legally there is nothing wrong with these defections. According to the Anti-Defection Law contained in the 10th Schedule of the Constitution,
“If there is a merger between two political parties and two-thirds of the members of a legislature party agree to the merger, they will not be disqualified.”
This Law justifies the actions of the TDP MPs in Rajya Sabha (4 out of 6) and by the Congress MLAs in Goa (10 out of 15).
In the case of Karnataka, the scenario is not that simple. The MLAs submitting their resignations will lose their seat in the Assembly, reducing the total number of members in the Assembly. This, in turn, reduces the number of MLAs required to prove a majority in the Assembly which makes the coalition Government vulnerable to a Floor Test (Trust Vote) as they now have the same number of MLAs as the opposition.
Talking of the authenticity of these resignations, the matter is yet to conclude. The Speaker had said that of the 13 resignations submitted, only five of them were in order while others needed to be reviewed. The rebel MLAs had petitioned against the Speaker in the Supreme Court for deliberately causing a delay in accepting their resignations. But on Tuesday, the SC made it clear that the Speaker can take as much time as required to accept resignations and review them as he deems fit. The apex court also stated that “no MLA could be forced to attend a Trust vote in the Assembly if he/she didn’t wish to do so.”
WHY ARE THESE EVENTS HAPPENING ALL OF A SUDDEN?
This is probably the most crucial question that everyone is asking. The timing of all these events is raising many suspicions among public and politicians alike. There are some logical theories which might justify the timing of these events.
Firstly, the Congress’ rout in the recently concluded Lok Sabha elections can be a solid reason for these events. With resignations coming in from the party leadership itself, it shouldn’t be shocking that these defections are happening now. This assumption is supported by other instances in other states like Telangana where 12 Congress legislators merged with the TRS or in Maharashtra where the Leader of Opposition, Radhakrishna Vikhe-Patil joined the BJP or in Gujarat where five legislators quit to join BJP. The ‘Grand Old Party’ of India now seems to be on a decline again after winning three crucial state elections just about four months back. It seems the party now needs a makeover from its traditional ways and evolve into a new force with a fresh ideology and new leadership to steer in out of its present state.
Another possible theory that can’t be ignored is that the BJP itself is luring state legislators. The BJP, at this point in time, has a complete majority in the Lok Sabha. But in the Rajya Sabha, it is highly dependent on its allies. As of now, the BJP with its allies has 105 out of 245 seats in the Upper House, 17 short of the majority. The ruling party now seems desperate to increase its strength as many of its crucial Bills are pending in the Rajya Sabha. These crucial Bills include The Muslim Marriage (Protection of Marriage Rights) Bill,2017 (Triple Talaq Bill), Motor Vehicles' (Amendment) Act,2017 and The Constitution (123rd Amendment) Bill,2017. The easiest ways for them to increase their numbers is either by triggering two-thirds defection from other parties or increase their numbers in the state assemblies to nominate more MPs from their party at the state level. But if it is indeed BJP triggering these defections, then at what cost. How is it compelling these legislators to change sides? Sparking moral awareness, brute force, money power? No one knows. This is where our democracy fails to deliver transparency.
But, just like all political issues, here too there will be a number of opinions among citizens. Some might settle with one theory while some might side with another. Nevertheless, with all this drama of democracy, it is now evident that Indian politics is changing drastically. It’s no longer about keeping political allies happy or appeasing voters or giving out freebies to regain power, India’s political landscape is evolving into a more complex system unknown to the public. Is this change for better or for worse? Only time will tell.
SOURCES
https://indianexpress.com/article/explained/what-can-disqualify-a-legislator-anti-defection-law-goa-congress-crisis-5825943/
https://indianexpress.com/article/india/four-tdp-mps-in-rajya-sabha-set-to-join-bjp-5791099/
https://www.thehindu.com/news/national/karnataka/timeline-how-the-karnataka-political-crisis-unfolded/article28424888.ece
https://www.thehindu.com/news/national/list-of-bills-pending-in-parliament/article24320759.ece
https://www.indiatoday.in/india/story/karnataka-goa-crisis-congress-mlas-join-bjp-1566215-2019-07-10
https://www.moneycontrol.com/news/politics/crumbling-congress-a-look-at-major-defections-from-the-party-across-states-in-recent-days-4194511.html
https://www.ndtv.com/india-news/live-updates-supreme-court-to-hear-plea-of-rebel-karnataka-lawmakers-2070141