Despite law, TN mired in ‘Aaya Ram, Gaya Ram’ politics

“Aaya Ram, Gaya Ram - a phrase that became popular in Indian politics in the year 1967 continues to be relevant to Tamil Nadu,” observes veteran politician and former legislator Pazha Karuppiah. Haryana legislator Gaya Lal changed his party thrice within the same day in 1967, the then legislators and judiciary took 17 years to insert the Tenth Schedule (Anti-Defection Law) in the Constitution to prevent political defections and dishonesty in politics, but the Anti-Defection Law had only helped the ruling government in the past.

Even the late Congress leader Chandrasekhar was not spared for speaking the truth. “In my views, the Anti-Defection Law has failed to serve its purpose. During the tenure of former chief minister J Jayalalithaa (2011-2016), there was no action against eight MLAs, who defected from Vijayakant’s DMDK to AIADMK. But today, the same law is being used by the ruling party whip to sustain the government. Is this not a contradiction? Politics is losing its ethical value and Anti-Defection Law often suppresses the democracy and freedom of speech. Politics should be based on ethical values and morals, but today it is party driven. I resigned my MLA post from the AIADMK to criticise the then government, but how many MLA’s have practised resignations before acting against their party?” he asked. “Staying in the same party and criticising the leadership is not ethical. The AIADMK dissent MLAs should resign before acting against the parent party and at the same time, Speaker P Dhanapal’s act is challenged in the court and this another all-time low in the political history of Tamil Nadu marred by the unethical politics,” Karuppiah observed.

The Tenth Schedule was inserted in the Constitution in the year 1985 and it is time to bring in amendments so that the grey areas and the lacunae are addressed, said senior lawyer KN Vijayan, who is also an expert in the Constitution.

The original law lays down the process by which legislators may be disqualified on grounds of defection for their actions within the Assembly or Parliament, whereas the current action taken by the Speaker pertains to the actions outside the Assembly. “For instance, BJP Rajya Sabha MP Subramanian Swami is often criticising the policies of his own party. Can Anti-Defection Law be applicable to him? It should be applied based on his acts in the House and not on his comments.

There should be clear limitations and provisions in the law, there should not be an interpretation, Vijayan explained. As the law applies to both Parliament and state assemblies, there is an immediate need for corrections and horse-trading among political parties has become common in India, Vijayan observed.

Politicians find loopholes in this law and are often used for own benefit and this is a long legal process. Elections are becoming a farce as there is no level playing field and the democracy is suffering in the hands of the current crop of politicians, Vijayan noted.