Context
Following recent political realignments, which have put the Speaker into an impartial position, and have raised important questions concerning the impartiality of the Speaker and concerns about the extent of judicial review.
Key Highlights
- Experiencing defections and uncertainty in elected governments, the political defection in the power of the elected government has been curtailed by the Anti-Defection Law, which is included in the 52nd Constitutional Amendment Act, 1985.
- It is enclosed in the Tenth Schedule of the Indian Constitution.
- The recent political events have again put into the limelight, the centrality of the Speaker as regards defection case determination.
- The 1993 Manipur constitutional incident is one of the defining moments in comprehending the boundaries of the authority of the Speaker.
Background: Manipur Crisis of 1993
- A seven-member defection disqualified seven MLAs by the Speaker of the Manipur Legislative Assembly.
- This case was finally taken to the Supreme Court when it was decided in the landmark case of Kihoto Hollohan v. Zachillhu (1992).
- The Court affirmed the constitutionality of the Anti-Defection Law.
- But it put aside the clause that prohibited the judiciary from questioning the rulings of the Speaker.
- The decision reiterated the fact that constitutional powers are fairly open to judicial review.
Role of Speaker Under the Tenth Schedule
- In defection cases, the adjudicating authority is played by the Speaker.
- MPs or MLAs can be disqualified by the Speaker should they voluntarily resign party membership or defy the party whip.
- The office is supposed to operate without any bias and to uphold the constitutional morality.
- But as the Speaker is commonly a member of a political Party, the consideration of neutrality often presents itself as an issue.
Notable Disagreements and Objections
- The democratic mandates are usually wrecked by unnecessary delays in the determination of defective petitions.
- Partisan judgments may have effects on the formation and persistence of the government.
- The quasi-judicial position that the Speaker occupies can do as well with the loyalties of the political parties themselves as with the loyalties of his or her constituency.
- This has led to a constant clash between the judiciary and the lawmakers.
- This cuts across the masses in believing in the objectivity of the person in charge.
Relevance to the Indian Democracy
- The Anti-Defection Law enhances political stability and deters the switch of party based on opportunistic reasons.
- It guarantees the sanctity of election convictions.
- Simultaneously, too much party control can also dampen the dissent that is legitimate within the political parties.
- The legislation has to create a balance between party discipline on the one hand and representative democracy on the other.
Way Forward
- Cases of defection must be ruled within a specific period of time, which is suggested by the Supreme Court.
- The adjudicatory authority can be deemed off of the Speaker to a separate tribunal or even the Election Commission.
- Clear procedural instructions should be put in place, which are rapid and fair in disposing of it.
- The dignity of the office of the Speaker needs to be preserved through institutional reforms.
- Increasing inner-party democracy can help to decrease the rate of defections.
Conclusion
- The Manipur episode that happened in 1993 is a lesson that was crucial to the constitution.
- It established that not even constitutional powers can be above judicial review.
- Members of the legislature must be rejuvenated and supported through reforming the Anti-Defection Law.
- A transparent and objective mechanism will be more appropriate to support the parliamentary democracy in India.
Source: The Indian Express
Mains PYQ
Q. 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? (2013)
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