The Supreme Court has taken an exception to Telangana Chief Minister A Revanth Reddy’s off-the-cuff remark in the assembly that no bypolls would be held if legislators switched sides. Given that opposition BRS has petitioned the top court seeking a directive to the speaker on the disqualification of 10 of its MLAs who had defected to the Congress, the CM’s comment was considered unacceptable as it amounted to prejudging a case pending before the court. Justice B R Gavai told the speaker’s counsel that it was “a mockery of the 10th Schedule” of the Constitution.
Despite the anti-defection law enshrined in the 10th Schedule, defections have become a norm across the country rather than an exception, undermining not only the letter and spirit of the law, but also our democracy. But who will bell the cat? The Supreme Court has upheld the speaker’s powers to decide on disqualifications, which could be subject to judicial review. However, speakers in several states have dragged their feet on such a decision, as there is no time limit prescribed for it. When the BRS was in power in Telangana, it used the loophole to chip away at the TDP and Congress. Now the Congress, which at the national level wants a stricter anti-defection law, is trying to administer the same medicine to the BRS. In truth, all parties have benefited from defections. Though those in the speaker’s role are expected to be of unimpeachable moral judgement, they are often seen as favouring the party they were anointed from. Many suggestions have been made, such as giving the power of disqualification to an independent body, but none has been taken up seriously. It is now up to the top court to decide whether to set a deadline for the speaker. If it does, legislators may raise questions over the sanctity of separation of powers.
The issue is political and the solution ought to be found that way. However, it seems a distant dream given that no party wants to let go of the opportunity to bolster its numbers in the legislature even when its majority is not imperilled. This does not do justice to the will of voters. While voting for a candidate, voters also support a party (unless it’s an independent candidate). They must build pressure on their representatives to strengthen the anti-defection law.