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Professor's Corner: "Horse-trading" an alarming trend in Indian politics
Prof. Jameel Ahmed

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The twists and turns to the poetical crisis in Maharashtra have made it bizarre. The 'defection' of MLA Padamkar Vali to Shiva Sena and his claim that it had happened under duress and his re-defection now to the NCP has given a bizarre twist to the political crisis in Maharashtra.

The unfolding drama in Maharashtra following the abrupt defection of MLAs from the ruling coalition (NCP-Congress) reducing it to a minority govt. and the claims of the opposition to form an alternative govt. are a slur on Indian democracy. When the former CM of Karnataka Mr. Ramakrishna Hegde and architect of the anti-Congress state governments' conclave comprising Karnataka, Andhra Pradesh, Tamil Nadu and Kashmir and West Bengal to safeguard the principle of federalism and state autonomy in view of the then PM Indira Gandhi's onslaught on one of these states (AP) which were vulnerable to the misuse of the discretionary power of the Governor and the Center's power vis-à-vis the states and the abuse of Article: 356 of the constitution , provided sanctuary to the TDP MLAs at the famous Dasapraksh Paradise Hotel in the serene Yadavagiri Extension at Mysore city way back in August-Sept. 1984 with a view to prevent 'horse trading' and defections from being engineered by the Congress leadership before the crucial floor test in the AP Assembly, little did he perhaps realise that one day it would become not only a trendsetter but also an institutionalized precedent in Indian politics as exemplified in the instant case.

Well, Ramakrishna Hegde had good reasons not only to provide a heaven (hideout) for about three weeks to the TDP MLAs from AP which also included Mr.Venkaiah Naidu (whom I then interviewed with a great deal of difficulty at DPP hotel as plainclothes policemen had kept an unobtrusive, round the clock watch on them and their visitor and I just managed to convince them that what I was doing was purely academic as a budding political scientist. Of course, for their part the MLAs were very guarded and reticent in their responses). For, there was no anti-defection Law on the constitution of India and N.T.Rama Rao's legitimately constituted govt. was unconstitutionally dismissed by the AP Governor Ram Lal at the behest of the Congress govt.at the center and it was badly in need of oxygen of healthy democratic, federal forces.

Indeed, N.T.Rama Rao's govt. survived the crisis and he managed to carry the day on the floor of the AP assembly later on which forced the center to recall the Governor. A blow for federalism and a personal triumph for Hegde's novel survival strategy, which won him nationwide acclaim.

But the current crisis in Maharashtra is not in the same league as NTR's TDP about 18 years ago. First came the unhealthy topple game with defections allegedly 'engineered' by the Shiva-Sena-BJP opposition- combine from the ruling coalition forcing them to seek shelter provided by the Karnataka CM in Bangalore and the MP govt. in Indore in a slightly mimetic style. Not to be outdone, the opposition had recourse to a similar 'retreat' inside a Mumbai hotel. Now accusations and counter-accusations are flying thick and fast of 'horse trading' and hijacking of MLAs from both sides to justify the 'hijacking'.

This raises some basic questions:
One: Are the elected Representatives of the People of a state legislative assembly at that, so susceptible to the cakes and ales of office that they cannot be counted upon by their party leaders to left alone?
Two: Does this kind of hijacking of MLAs to political havens not amount to abduction or wrongful confinement under the IPC? The anti-defection Law, notwithstanding, does it not infringe on the freedom and liberty of the individual legislators? Is it not a burden on the state exchequer to take out MLAs apparently threatened by 'horse trading ' and defections on jaunts to outstation destinations, for, what if some CM threatened by defections at a future point of time decided to find a sanctuary outside India, maybe, in Switzerland or United States or some other country in the West? Politicians are good at delivering sermons to the common man to practice austerity and tighten his belt when he is in fact hit hard below it, while enjoying themselves with foreign jaunts, parties at five-star hotels, sorties by helicopters and all that and more.

After all, they do not have to pay from their pockets. It is somebody else's money, the taxpayers' that they thrive on. As of now, the MLAs must be enjoying their 'unexpected holiday' in five-star hotels - some to save a govt. about to be toppled; others to do precisely the opposite.

The 'defection' of NCP MLA Padamkar Vali to Shiva Sena which he now claims to have been under duress (that is under the threat of blackmail and his latest turn about and 'redefection' to the NCP have given a bizarre dimension to the political crisis. Is then there not a case for amendments to the anti-defection law so plug the loopholes in it? It is a case of the remedy being worse than the disease, as the prospective defectors and their abettors have to engineer defections on a fairly large scale to circumvent the anti-defection law. Thanks to their evil genius, the Indian ruling class is able to circumvent any law, which ties them down to a set of democratic norms.


M.Jameel Ahmed,
Manasa Gangothri,
Mysore.


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