The biggest secret that politicians don't want you to know!

The largest democracy on the globe, is ruled only by 7 people!

I had a pioneering dream the other night. I saw myself in a white dhoti kurta, and shining black juti, with a mic in my hand looking at countless people from a high stage. I could see hope in their eyes along with flags and posters all around the gathering, with my name and picture on it. The air was electric and people behind me were euphoric. As I took a look around my eyes paused on a bunch of distressed people holding a banner which read ‘Make Farming Profitable Again’ and to which I thought; ‘Oh yes! Just vote for me and let me become your MP and I’ll give you subsidies on Audi cars as well. Till then just keep supporting.’ But as I glanced forward I saw a group of students shouting ‘Ab Ki Baar, Jo Job De Usi Ki Sarkar!’ then on the other side were women with placards in their hands reading ‘We want Equal Pay, Equal Say’. There were numerous banners and posters and all of them had certain demands. Some wanted to ban Chinese goods, some wanted to bomb Pakistan, some requested to legalise weed. The list of demands was just not ending. In case the thought of me being a corrupt politician ran your mind, let me quickly tell you that you are totally wrong. You see, I was an honest politician, a true desh bhakt, a real hero who was going to fight for all these people who had come with my party flags, caps, posters, t-shirts and even radium bands on their wrists. I was honest and determined to eradicate all such things which seemed a speed breaker to my fantastical district. I yearned to fulfil every sane demand of the people who raised slogans for me.

So, as you might have guessed ladies & gents with my next turn on the bed, I was elected as a MP from (sorry I forgot the name) district. Wohooo!! Wish this could be true but what happened next was very disheartening. So, save all the emotions.

Then came my first day to the Parliament- the stadium of masquerading and misleading gladiators. But hey, remember I’m an honest guy okay? So, with all my people’s demand penned down neatly and in detail, properly arranged in a sober-looking file, with pride and a sense of accountability I stepped into the battle area. I felt like I was born to do this; to fight for the people who bestowed their respect and locked their trust with me. I was ready to debate and discuss issues that would matter to all my fellow citizens and impact a country with a population of 133.92 crores.

And eventually, the session started. The first bill was tabled by the PM who belonged to my party and as he started to read it out, my brows raised and raised and jaws dropped and dropped. I was shocked and puzzled at the bill presented by the PM. He wanted to make a law which would clawback all laws that made a politician guilty of taking money from a corporate house and doing favours asked quid pro quo. As he finished his dramatic speech leading the house to believe that it was beneficial for the nation, the speaker announced that it will go for voting and then the decision will be made accordingly. I immediately pushed my back to the rear and got ready to press the red button in front of me which would indicate a NO, to this unjust activity. But just then, I saw my phone showing me a notification from WhatsApp.

I unlocked my phone to realise the message was on my political party WhatsApp group. I opened it and to my utter surprise it said ‘everyone press the green button.’ I was furious and thought who are they to tell me what should I do or think. I anyhow ended up pressing the red button and voted a ‘no’. The gentleman sitting beside me saw me pressing the red button and his expression told me that I had committed a huge crime by casting vote according to my wish. Frankly, I too got a bit awkward and just went home after the house got dismissed.

I was quite tensed regarding my first day at the parliament and at the back of my mind I was reassuring myself that I did a good job and the right thing. My people must be happy and proud to learn about this. At least that’s what I thought about when I was on my way back home. But as destiny had it, someone else was waiting for me at my door. No, they were not common people or my family members instead it was the local Police! I was traumatized at the sight of police officers with sniffer dogs at my residence. As soon as I got down from my car I got a notification on my phone and this was about me being removed from the party WhatsApp group by the PM. The police walked towards me and they put handcuffs, told me that I was being arrested and exactly then I woke up to find my alarm ringing.

Now that I was awake and pretty much disquiet because of the dream, I wondered why would someone go to Jail for voting against a cruel thing. The answer to this question is our very own ‘the anti-defection law.’

---

What is anti-defection law?

Aaya Ram Gaya Ram was a phrase that became popular in Indian politics after a Haryana MLA Gaya Lal changed his party thrice within the same day in 1967. The anti-defection law sought to prevent such political defections which may be due to a reward of office or other similar considerations.

The Tenth Schedule was inserted in the Constitution in 1985. It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House. A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote. This implies that a legislator defying (abstaining or voting against) the party whip on any issue can lose his membership of the House. The law applies to both Parliament and state assemblies.

Can you believe what you just read? In layman terms, one could lose his job and position for doing the work he was chosen for. A politician is an ‘elected representative’ whose one and only job is to put forward things and views of the very people that elected him/her. Basically, matters in parliamentary democracy are generally decided by voting. In parliamentary parlance, this is called ‘Division’, i.e., dividing the House to decide a matter by majority vote. Every matter requiring the decision of the House is decided by means of a question put by the Chairman on a motion made by a Member.

Please see the Spotlight on the following:

1. The intention of the provision is to check the corruption/horse trading in parliament/ to check the popular phenomenon “Aaya Ram Gaya Ram “ in the Indian polity which started in 1960 ’s. Note: The intention was never “to bring stability” to governments.

2. The law disallows MPs/ MLAs to switch parties after elections, make the members follow the whips issued by their party.

Now you know why I got arrested in my dream… For doing what was right and fair. Alas, every law in the book is not for our betterment.

One more interesting thing to notice here is the word ‘whip.’ literally or rather historically, a whip is a tool which was traditionally designed to strike animals or people to aid guidance or exert control over animals or other people, through pain compliance or fear of pain. In politics albeit a whip is an official of a political party whose task is to ensure party discipline in a legislature. This usually means ensuring members of the party vote according to the party leader’s instruction.

So, what does it mean? Did our founding leaders rig the constitution since the starting line? A big NO is the reply, as this was put in 1985 by the Rajiv Gandhi government. Therefore, in a nutshell, a land where more than 19,500 languages or dialects are spoken, which is one of the most religiously and ethnically diverse nations in the world, Politically has 29 states and 7 Union Territories, has every kind of landscape except arctic, is the largest democracy on the globe, is ruled by only 7 people.

Yes, that’s the number of national political parties in India. So, the question is are our elected representatives really representing our views, issues and will? This implies that if you are a policy maker in India you just need to make 6 phone calls to party chiefs and get done with a law which will impact the crores of ordinary lives. Thus, sadly these 7 parties in Lok Sabha control 462 seats in the house which is 84.7% and the word of the party leader becomes the word of God for every member. Thanks to the Anti Defection Law, that estimates to 1 person per 16.25 crore people.

Are there any exceptions under the law?

Yes, legislators may change their party without the risk of disqualification in certain circumstances. Speaker/ chairman of the house is the authority to decide on defection cases. Speaker sits as a tribunal while deciding on defection cases. All proceedings in relation to any question on disqualification of a member of a House under this Schedule are deemed to be proceedings in Parliament or in the Legislature of a state. No court has any jurisdiction. However, the decision can be brought to court after Kihoto Hollohan case of 1992.

The law states that the decision is final and not subject to judicial review. The Supreme Court struck down part of this condition. It held that there may not be any judicial intervention until the presiding officer gives his order. However, the final decision is subject to appeal in the High Courts and Supreme Court.

Various expert committees have recommended that rather than the Presiding Officer, the decision to disqualify a member should be made by the President (in case of MPs) or the Governor (in case of MLAs) on the advice of the Election Commission. This would be similar to the process followed for disqualification in case the person holds an office of profit (i.e. the person holds an office under the central or state government which carries a remuneration, and has not been excluded in a list made by the legislature).

But we know how caring our parliamentarians are. Don’t we?

Does anti-defection law curtail the right of free speech of legislators?

This issue was addressed by the five-judge Constitution Bench of the Supreme Court in 1992 (Kihoto Hollohan vs Zachilhu and others). It held that the law does not violate any rights or freedoms, or the basic structure of parliamentary democracy.

But deep down we all know that the role of individual MPs (Members of Parliament) has diminished over the years and as a result, healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention is a legitimate question that needs an immediate answer.

Concerns raised against the current anti-defection law

1. It affects the independence of MPs/ MLAs.

2. Constitution drafters didn’t intend to give the control of members to political parties. Interestingly, it’s only in the 10th schedule, which was included in 1985 that political parties are mentioned in the constitution. (Also chief whip).

3. Many members speak up their mind and conviction –more discussion and thus better debates and solutions in parliament. Anti-defection law is against this.

4. In a diverse country like India, members also represent their constituencies. Hence, every member needs to be given a voice to give voice to all regions and sections of the population.

5. No incentive for MPs/MLAs to research and understand policies.

Possible reforms that can be made to anti-defection law:

1. Nowadays, no real democratic discussions happen inside political parties about major issues affecting the country. Individual MPs and MLAs need to be empowered to think independently.

2. Anti-defection law should be applied only to confidence and no-confidence motions (Dinesh Goswami Committee on electoral reforms, 1990) or only when the government is in danger (Law Commission (170th report, 1999).

3. The rationale that a representative is elected on the basis of the party’s programme can be extended to pre-poll alliances.

4. Instead of making Speaker the authority for disqualification, the decision should be made by the president or the governor on the advice of the Election Commission. This would make the process similar to the disqualification procedure as given in the Representation of Peoples Act (RPA).

5. There can be additional penalties for defectors as well.

we are the biggest theoretical democracy

If you are reading this line, I believe by now you must have realised that India is not a democratic country in a true sense. Ours is a flawed one. Thanks for reading this long. But hey, Welcome to the largest democracy on paper! :)