Syllabus: GS II PARLIAMENT AND STATE LEGISLATURES—STRUCTURE, FUNCTIONING, CONDUCT OF BUSINESS, POWERS & PRIVILEGES AND ISSUES ARISING OUT OF THESE
What are the key challenges related to the Tenth Schedule of the Indian Constitution? Additionally, why is it essential to promote intra-party democracy in India?
(15 marks, 250 words)
Introduction
In June 2022, a faction of the Shiv Sena led by Eknath Shinde claimed to be the legitimate Shiv Sena, accompanied by 37 out of 55 MLAs. They appointed Bharat Gogawale as their whip. On the other hand, the Uddhav Balasaheb Thackeray (UBT) faction maintained that they were the true Shiv Sena, with Sunil Prabhu continuing as their whip. The Speaker recognized the Shinde faction as the genuine Shiv Sena based on their adherence to the party’s 1999 constitution and the numerical strength of their members, rejecting the disqualification of 40 MLAs from this faction. However, the Speaker also declined to disqualify the 14 MLAs from the UBT group, as the whip instructions from Bharat Gogawale could not be physically served on them.
What is the Tenth Schedule & Why was it introduced?
The Tenth Schedule, commonly known as the Anti-Defection Law, was introduced through the 52nd Constitutional Amendment in 1985 to address the political instability caused by frequent defections in the 1960s and 1970s. The key provisions of this law state:
- Disqualification on grounds of defection:
- Legislators face disqualification if they voluntarily resign from their party or vote contrary to the party whip.
- Independent members who join a political party post-election are disqualified.
- Nominated members who join a party within six months of their nomination are also disqualified.
- Exceptions:
- A merger of two-thirds of the members of a party with another party is allowed.
- A presiding officer (like a Speaker or Chairperson) who resigns from their political party is exempt from disqualification.
Challenges with the Tenth Schedule:
Despite the Tenth Schedule’s intention to curb political instability, there have been instances of abuse. Politicians have sought to escape disqualification by claiming to be the “original” political party, often disregarding the party’s constitution and democratic principles. For instance:
- In September 2019, in Rajasthan, six Bahujan Samaj Party (BSP) MLAs merged with the Congress.
- In September 2022, eight out of eleven Congress MLAs in Goa merged with the BJP to avoid disqualification.
The Supreme Court, in cases such as Kihoto Hollohan v. Zachillhu (1992), emphasized that the Speaker’s decision on disqualification is final and binding, reducing checks and balances. However, there have been concerns about impartiality, with allegations that Speakers often tend to favor the ruling dispensation, undermining public confidence in the anti-defection law.
The Importance of Promoting Intra-Party Democracy:
Intra-party democracy refers to a system where political parties function in a way that ensures the participation, representation, and accountability of their members. Promoting such democracy is essential for fostering transparency, accountability, and inclusivity in Indian politics.
- Trust Deficit and Hero Worship:
The absence of intra-party democracy often leads to the rise of charismatic, dominant leaders who centralize power, fostering a culture of blind hero worship. This can create a trust deficit between political parties and the public, potentially leading to undemocratic practices and authoritarian tendencies. Dr. B.R. Ambedkar emphasized that “Bhakti or hero worship is a sure road to degradation and eventual dictatorship.” - Inclusive Representation:
Lack of internal democracy within political parties often excludes marginalized groups such as women, Dalits, and other underprivileged sections. For example, in the 2019 Lok Sabha elections, out of 8,000 candidates, only 716 were women, highlighting their underrepresentation. Promoting intra-party democracy could help ensure better representation, contributing to a more equitable political system. - Criminalization of Politics:
The opaque nature of candidate selection processes often enables criminal elements to enter politics. A report by the Association for Democratic Reforms (ADR) found that 43% of members in the 17th Lok Sabha faced criminal charges, marking a significant increase from previous sessions. This points to the need for greater transparency in candidate selection to prevent criminalization of politics. - Safeguard Against Dynastic Politics:
Intra-party democracy helps ensure internal elections and decision-making processes that promote freedom of speech and prevent the concentration of power within a few influential families. Dynastic politics has historically undermined the democratic functioning of political parties. - Countering Factionalism:
Without internal democracy, political parties are prone to splits and factional disputes. For instance, the split in Shiv Sena between Uddhav Thackeray and Eknath Shinde underscores the dangers of lack of internal cohesion.
Current Legal Framework & Recommendations:
Presently, there is no statutory backing enforcing intra-party democracy. Section 29A of the Representation of the People Act, 1951 mandates registration of political parties but lacks mechanisms to ensure internal democracy. Recommendations from commissions like the Administrative Reforms Commission and the Law Commission have urged the need for laws that enforce internal democratic structures. The Supreme Court has also suggested the establishment of an independent tribunal to oversee disputes related to disqualification under the Tenth Schedule.
Conclusion:
Ensuring intra-party democracy is crucial for maintaining transparency, accountability, and representation within political parties. Without internal democratic structures, political parties risk becoming authoritarian and exclusionary, undermining the principles of a healthy democratic system. Promoting intra-party democracy would ensure greater public trust, equitable representation, and reduce the risks of political factionalism and criminalization.
