Elections are around the corner. The contribution of our small state to the development of law on elections is something that makes us stand out but not with pride. Our contribution in the development of the law of defections is no less but certainly it brings disgrace to politics and shame to democracy. A Speaker defecting to become a CM and a leader of opposition taking 2/3rds of MLAs to the other side to become a DyCM made us a laughing stock but there are many who consider these acts as smart politics. Babush Monseratte, Churchill Alemao and Ravi Naik have made fun of our electoral party system. Changing side for power in the name of development is the new norm, not an aberration
When people elect their MLAs or MPs, they expect them to remain loyal to their verdict. This most basic democratic contract has been frustrated by the elected and the institutions created to monitor them have failed miserably. The speakers which were entrusted with the job were never expected to rise up to the level of their office. That the Supreme Court believed in the office of the speaker is a different matter altogether!
Take the Goa case. The Speaker just sat on the matter for months. The Supreme Court did not hear the matter with the alacrity the situation warranted. The High Court also did not get the time to dispose of an issue of great constitutional importance. Power by stealing the mandate or manipulating the rebels is the new cut throat and ambitious approach which is now a new normal. After 35 years of the insertion of the 10th Schedule in the Constitution providing for disqualification, the trend has not been reversed. Our state in particular has failed to reward and punish MLAs and MPs for good and bad conduct and that has led to total lack of accountability. There is hardly any public disapproval.
A political party is formed by coming together of like-minded people. People who disagree are bound to leave. Unlike developed countries changing party loyalties at election time or after election is very common. Parties with no base in a state suddenly attempt to become a dominant force by bringing in rebels from the other side by what is referred to as strategic politics. In Assam, Tripura and West Bengal, BJP built itself by importing rebels from the other side. The TMC has done that Congress in Tripura and Goa. The BJP is currently beefing up its strength for the ensuing election by importing from the other parties. The Indian National Congress seems to be at the receiving end due to its organizational and financial weakness. Political parties always aim to maximize their chances by co-opting winnable leaders. Congress did it for a long period. BJP came up as a party with a difference. AAP assured new politics. But all succumbed to real politics.
Shifting sides after elections would be distorting the people’s mandate but shifting sides before elections distorts the party system. Issues like ethics and morals are seen a things of the past. Discussing them brings in an element of ridicule. Smart politics is always seen as thirst for greener pastures. Strategic politics is just being on the winning side and power is seen not towards any policy or governance issues but about collecting resources for the next elections and may be for the next generation. Power is now a new potent ideology!
It is obvious that traditions cannot take care of the mandate and the party system. We do not have them. It is imperative that proper legal apparatus are created to safe guard the people’s mandates and the party system. The decision over the defections cannot be left in the hands of the speaker. It ought to go to Election Commission of India (ECI) which ought to be obliged by law to decide within a period of a month and the courts also must be time bound in deciding matters over of constitutional importance like defections.
The systems in advanced countries is dominated by two party system where smaller parties struggle to get political space. Many may feel that they are stuck between the two evils to choose the lesser. It could be argued that multi-party system would lead to more competition and may be more democracy. In a small state like Goa, we have seen over a long period how smaller parties have easily managed to make mince meet of public mandates. We have reached such a pass that at election time some scout for parties and may be even ‘purchase’ them. We have come to such a sorry state that registered parties are available to individuals who are prepared to pay an take over. This is clear distortion of a party system which will only destroy the electoral process.
The ECI must take step in to build a new political culture based on accountable party system. The ECI does not keep record of members of parties. That area needs to be taken care of by framing appropriate regulations. May be to contest elections one needs to be a member of a party for minimum period say 3 years and in case of new parties may be the only founder members only can contest elections immediately after its registration. Such measures shall bring in some semblance.
Looking at the electoral scene in Goa, there appears no cure for the malaise as human greed insatiable. Where politics is seen as a career option with only personal advancement, the only vaccine is a strong law. Goa has always been a laboratory for election laws. The infamous countermanding case of the nineties brought a change in countermanding of elections in case of death of independent candidate. Can #Goa@2022 provide a new vision for the country?
(The writer is a practicing advocate, senior faculty in law and political analyst)
