Goa’s symbiotic relationship with defections is all too apparent. This started roughly 30 years after Liberation and while the money spent and the methods adopted are of different proportions, defections have become a living reality. This phenomenon is no longer the elephant in the room.
Despite the enactment of the anti-defection law on March 18, 1985, it has failed to deter legislators from defecting. Expert panellists Advocate Radharao Gracias from United Goans Democratic Party (UGDP), columnist, Advocate Cleofato Countinho, legal luminary and writer, and Rajendra Kakodkar, Economist and Vice President Goa TMC discussed the issue threadbare
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Advocate Radharao Gracias said, “I don’t think anti-defection law has been twisted. But it has been poorly drafted and done in a hurry. Despite passage of over 30 years, no political party ever thought of plugging the loopholes. Particularly, the Congress party can’t blame anyone else because it was drafted by them. But that apart, with regards to defection, there is a reason why it is happening now.”
SPLITS OF THE PAST
In 1966-67 the old United Goans Party (UGP) split into two. One became UGP Sequeira (headed by Dr Jack de Sequeira) group and the other UGP Furtado group (led by Dr Alvaro de Loyola Furtado). When it came to elections, post the split, the Sequeira group swept the polls. At that time people identified with the cause and they all went with Dr. Jack Sequeira.
Another couple of years later the MGP split. There was the Bandodkar faction (led by Dayanand Bandodkar) and there was the K Vinayak faction. In the election that followed, the K Vinayak faction was routed.
“That time the people voted for ideology – be it for Konkani or non-merger with Maharashtra. But in the last two decades, the people have lost that concern for ideology. Today you are in BJP. The next day one shifts to Congress then somewhere else. There is ideological compatibility,” Adv Gracias said.
The anatomy of a split
When asked about what gives an MLA or an MP to switch sides with impunity and then face the people with confidence despite betraying his people, Advocate Cleofato Countinho said, “Just before the elections in 1980, there was speculation that the ex-MLA of Navelim-Chinchinim Leo Velho could defect. Hearing that, people attacked his house. He did not even consider defecting thereafter. That kind of passion is missing in people today. Traditionally political parties are based upon three broad factors – ideology, leadership, and progress. But today none of these factors are existing. The anti-defection law has failed.”
He however didn’t agree that the legislation was drafted in a hurry. The move to have such a law was made in 1967. It took 18 years to bring the law. In the meantime, a number of Bills lapsed.
“Defection” word for elected members
According to Rajendra Kakodkar of the TMC, “Defection is a word used loosely by the media. It should apply only to elected members. One should not be concerned about any unelected person switching sides. Let’s compare two defections. Vishwajit Rane resigned and got himself upgraded as a minister and with that strength, he faced the electorate. But the ten Congress MLAs who defected without facing the electorate is a crime. This is the worst kind of defection. Poaching is not defection.”
EC has to step in to preserve the party system
Adv Coutinho said that Election Commission must bring in reforms to preserve the party system. If you win the election on a party ticket, the option of resigning after that should not be there at all. Because it is playing havoc with our parliamentary system.
According to him, “Majority in the party should not overpower the minority in the party. For any issue, a whip is issued by the party and all members have to vote according to the party whip. The whip should be only issued in case of very important issues like voting on budget proposals.”
No splinter group should be allowed to merge with any party
Advocate Radharao Gracias said that once a candidate wins on any party ticket, he or she should not be allowed to change sides. “In case of serious disagreements with party leadership, one can split the party and continue as a faction of the parent party. But the split group should not be allowed to merge with any other party.”
No defector can become a minister
Or, there has to be a provision that should bar members of the split group from becoming ministers or holding any position of power after merging with another party. Nobody will defect thereafter.
EC must recognize pre-poll tie-ups as a legal entity
Advocate Cleofato Countinho said that the Election Commission must have the provision of recognising pre-poll alliances as one entity. Immediately after the results are out, the single largest coalition should be asked by the governor to form the government.
