The Goa bench of the Bombay High Court upheld the Speaker's order and dismissed petitions seeking disqualification of MLAs who in 2019 merged two-third party factions with the BJP. The Bench explained the constitutional validity of the merger and extensively dwelled on the tenth schedule of the Constitution deliberating on Paras 1, 2, and 4 with sub-paras 1, 2 that speak about mergers and defection.
The order, however, will have far-reaching consequences, especially in a state like Goa, where party-hopping is rampant. It will give a fresh impetus to party-hoppers, disgruntled elements and many marginalized legislators seeking new avenues of power. The exodus of legislators will continue in groups to defeat the law, and this could be dangerous for Goa which is heading towards a fractured mandate at the March 10 result.
Moves to merge two-thirds of a party to escape the provisions of anti-defection law were considered as 'unholy' and 'immoral' and were held against the mandate. Legislators have faced the wrath of the public with the ‘anti-defector’ slogan playing out loud at the 2022 campaign. Could this change now? Will this legitimacy to 'group defection' be accepted by the people of Goa, if it happens again? And will the electorate of Goa put the horrible political switch of 2019 behind and take ‘mergers’ as the new mantra? What about morality, and the pledge of politicos to maintain the integrity and stability of the party system?
Call it a merger, or defection, the moral aspect of this issue is as significant as the legal one, and legislators across the spectrum must understand this, instead of constantly trying to exploit loopholes and seek political relevance. Even if the courts try to distinguish between mergers and defections by the varied interpretations of the clauses of the 10th Schedule of the Constitution, for common citizens, it would still mean a mandate violated.
The spirit of democracy must prevail, a government for the people and by the people. Going ahead, the 10th Schedule of the Constitution must be revisited, and escape routes for defectors who take refuge under the law and make a mockery of a democratic system must be immediately plugged. Mergers, in their current avatars, involve money and clandestine political corruption, and hence all the more reason for rejection. The Speaker who is the Presiding Officer of the Legislative Assembly must also be held accountable for inordinate delays that suit the ruling dispensations. A whole lot needs to change if we are to cleanse the political system.
This election has seen an unprecedented rush of legislators to churches and temples trying to reassure the electorate with vows against defection. We have seen candidates signing affidavits and delivering high-pitched speeches. Some candidates have apologized and made emotional outreaches, and yet others have moved away charting out independent routes. None of this is going to bring about a change, only a good legislature can.
The court of law has given its verdict and a bitter reality has dawned, but that’s not the end of the story. People’s judgement is awaited when the results of the Assembly elections are announced on March 10. Time will tell.
