MAKING AN ASS OF THE LAW
THE WEEK India|October 06, 2024
The current state of the anti-defection law is affecting democracy itself. It is time to completely overhaul the system
ABHISHEK SINGHVI
MAKING AN ASS OF THE LAW

UNFORTUNATELY, TALKING ABOUT the Tenth Schedule and defections forces me to use the Shakespearean adage, “the law is an ass”. We, the operators of the Tenth Schedule, and that means all stakeholders and not just politicians, have actually made it an ass. If I tell you the kind of jugaads we have adopted on the subject of defections, you will actually start laughing. And it would be really comic, were it not tragic.

If Gaya Lal was alive today, he would go and jump off a cliff for not having thought of any of these things!

Let me give you a few examples that may shock you. They may amuse you, but, above all, they will tell you all about our great genius to render non-functional something created with the highest ideals, distort something intended to be noble and high.

First is a fundamental question about the speaker’s post. We have adopted these things from Britain. In the old days, speakers were elected unopposed and had credibility by virtue of being genuinely unaffiliated. That is the first reform we need. The rhetorical sermonising from the pulpit, that when I sit on the speaker’s chair I leave behind all of my affiliations and I am not political, that is just not true. The speaker cannot at all sever his umbilical cord. He is a partisan person of a political party. Speakers of the assembly and the Parliament must be elected unopposed and given full authority to be independent.

The fulcrum of the Tenth Schedule is the speaker—the persona designata. The only one who can decide on complaints under the Tenth Schedule. The chosen arbiter. The persona designata has to be brutally and genuinely independent.

This story is from the October 06, 2024 edition of THE WEEK India.

Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.

This story is from the October 06, 2024 edition of THE WEEK India.

Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.

MORE STORIES FROM THE WEEK INDIAView All
POSTERS OF PROTEST
THE WEEK India

POSTERS OF PROTEST

Appupen is a cartoonist who has published a few graphic novels, the latest being Dream Machine, about how AI can be a great 1 tool for an! authoritarian regime.

time-read
1 min  |
December 29, 2024
CLASH OF THE CIVILISATION
THE WEEK India

CLASH OF THE CIVILISATION

Even as the discovery of the Indus Valley Civilisation completes a century, some key aspects of this ancient culture remain mysterious, including its script. While the controversy over whether it was disrupted by an Aryan invasion may now be discredited, the debate over Indus ancestry and current links continues

time-read
10+ mins  |
December 29, 2024
A PROVEN PATHWAY TO PEACE
THE WEEK India

A PROVEN PATHWAY TO PEACE

Low-cost, easy to implement, immediate results, and scientifically verified.

time-read
10+ mins  |
December 29, 2024
FOOTBALL GIVES THEM A KICK
THE WEEK India

FOOTBALL GIVES THEM A KICK

For the children of Manipur and Mizoram, the great game is a way to a prosperous future

time-read
10 mins  |
December 29, 2024
BATTLE FOR TOMORROW
THE WEEK India

BATTLE FOR TOMORROW

Over the past decade, much has been said about India's potential as a leading global power.

time-read
1 min  |
December 29, 2024
THE TONGUE THAT TURNED
THE WEEK India

THE TONGUE THAT TURNED

Why Greek survived while Latin and Sanskrit declined

time-read
9 mins  |
December 29, 2024
USTAD ZAKIR HUSSAIN 1951-2024: HIS MUSIC WAS THERAPY TO THE WORLD
THE WEEK India

USTAD ZAKIR HUSSAIN 1951-2024: HIS MUSIC WAS THERAPY TO THE WORLD

Flautist and Grammy co-winner Rakesh Chaurasia remembers the maestro

time-read
6 mins  |
December 29, 2024
The magic of indigo
THE WEEK India

The magic of indigo

I really can't imagine why more of us don't throng Goa each December for the Serendipity Arts Festival alone. The festival, in its ninth year now, has the entire Panjim town celebrating.

time-read
2 mins  |
December 29, 2024
NEW YEAR.NEW HOPE
THE WEEK India

NEW YEAR.NEW HOPE

EQUITY MARKETS HAVE TURNED VOLATILE OF LATE. WHAT TO EXPECT IN THE NEW YEAR

time-read
4 mins  |
December 29, 2024
Seeking middle ground in Middle East
THE WEEK India

Seeking middle ground in Middle East

The collapse of assumptions is like the end of the world-or worldview. We assumed conwith the 20th century. But wars in Russia-Ukraine, Gaza, Yemen, Sudan, Somalia and Lebanon prove us wrong. Western defence officials now raise the nuclear threat level.

time-read
2 mins  |
December 29, 2024