'Amend law to check Indian political defections'

By Ajit Sahi, Indo-Asian News Service

New Delhi, June 7 (IANS) Seventeen years after India framed a law to check
political defections, politicians and pundits admit the legislation has
failed to rein in politicians willing to switch parties at the drop of a
hat.

Nowhere is the lacuna more visible than in the western state of Maharashtra,
where a string of political flip-flops has pushed the government to the
verge of collapse.

With both the ruling and opposition groupings claiming a right to rule the
state on the strength of their numbers in the splintered state assembly, all
the major parties have been forced to hide their legislators to prevent them
from deserting.

Those who have defected are being guarded round the clock by the new
political masters.

It looks as though the state's ruling Congress party and its ally the
Nationalist Congress Party (NCP) are not willing to trust their own
legislators. Even the opposition Shiv Sena and its ally, the Bharatiya
Janata Party (BJP) of Prime Minister Atal Bihari Vajpayee, are keeping their
flock under scrutiny.

"Politicians have very low moral values that reflect in their shameless
defections," said V.B. Singh, director of the Centre for the Study of
Developing Societies. "The anti-defection law has failed and needs to be
changed."

Added Congress leader Anil Shastri: "There is a total degeneration of
values, and there is no such thing as integrity or straightforward politics.
The anti-defection law has outlived its purpose and urgently needs to be
made stringent."

The comments came even as the leading parties in Maharashtra packed off
their legislators to different cities outside the state to keep them under
virtual custody, fearing they would otherwise be "bought over" by rival
parties.

The Congress-led government of Chief Minister Vilasrao Deshmukh has been
left tottering this week after a string of defections reduced it to a
minority. Deshmukh must win a trust vote June 13 to stay on in power.

As three NCP and one Congress legislator crossed over to the opposition
Sena-BJP combine, the two leading ruling partners sent their legislators to
the adjoining Congress-ruled states of Karnataka and Madhya Pradesh.

Congress legislators arriving at the airport in Karnataka capital Bangalore
Thursday told reporters that they were on a "sight-seeing" trip. But clearly
they had been moved away from the close range of Sena-BJP. They will return
to Maharashtra capital Mumbai ahead of the June 13 trust vote.

The Sena and the BJP are also planning to send off their 124 legislators to
the neighbouring BJP-ruled Goa state to avoid retaliatory Congress-NCP
poaching amid widespread charges and speculation that big money has been
changing hands.

Analysts say the state of affairs in Maharashtra points out the drawback in
a landmark anti-defection law pioneered by former prime minister Rajiv
Gandhi in 1985.

In a bid to check rampant defections that caused much political instability
in India, Gandhi enacted a law that barred any defection until a third of a
party's MPs or legislators decided to part ways.

The law did slow down defections. Now more and more people are arguing that
the main loophole in the law - that defection by a third of MPs or
legislators is permitted - should go.

Said columnist Sudheesh Pachauri: "A defecting legislator or MP must resign
his seat if he leaves his party on whose ticket he was elected. If he is as
popular as he thinks he is, the people would elect him again."

Congress leader Shastri agreed: "This change in the anti-defection law is a
must to end the menace of defections. Every defector must go back to the
electorate to get the voters' approval for his decision."

Admitted Singh: "The anti-defection law has in a way become a facilitator
for those who want to defect."

Shastri said the law had not been designed to meet the challenges of a
multi-party era. In 1985, when it was framed, the Congress was the dominant
political party, and luring a third of such a large party was thought near
impossible.

"But now there are parties with just half a dozen MPs and legislators in the
house. The one-third clause makes no sense for them."

Analysts say the cancer of defections reflects a complete erosion of
principled politics that prevailed in the country during the freedom
struggle against British rule.

"The days of Mahatma Gandhi and ethical politics are gone. Now it is all
money power. Politicians are willing to be bought and sold like in a fish
market," rued Singh.

Added columnist Pachauri: "Opportunism has become a positive value.
Principles are now considered impractical."

--Indo-Asian News Service

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