Defection, democracy, and people’s mandate.

The current political situation in India is completely unfathomable for common man residing in our country. To bring in the political stability in favour of one political faction, the efforts are being taken, actions like defection to strengthen that particular faction are undergoing. These attempts to concentrate the power at one place would lead to absolute tyranny in country. In light of recent party splits in our country, we need to take a broader look at this scenario. According to the anti-defection law provided in the tenth schedule of the Constitution, and as interpreted by Hon’ble Supreme Court, a faction cannot become a original political party by virtue of its legislative majority. At the same time the Election Commission recognise that very faction as official political party largely because of it’s support. If tenth schedule (which is part of the Constitution) determines what ‘original political party’ is, then every statutory authority, including Election Commission should accept that determination. Otherwise, statutory order will override the Constitution. The Court might say that the tenth schedule and election symbol order operates in a different fields, but it very common to understand this situation through a maxim "Accessorium sequitur principale", which means, the accessory follows the principal, to argue that the election symbol is an incident of the political party, so once the principal issue (the identity of the original political party) is constitutionally settled, the accessory (the symbol) ought to follow.

These attempts towards centralising power, are deteriorating the democratic structure of India. Upholding the statute/law is one thing, which they are doing by finding loopholes in it, but upholding mandate of the people, holds paramount importance in any democracy. Candidates are being elected from one party and later merging with other, is clear against the mandate of people. People have put their faith in the ideology of that particular party and voted for that candidate, but when that candidate changes his political party, people have no say in it. Because, these candidates are upholding the law by merging with the that other party with 2/3 of their legislative strength (10th Schedule). The purpose of anti-defection law under the 10th schedule of the Constitution is to preserve the purity of democratic process, to maintain party discipline, to prevent corruption and horse trading of the candidates. Conducting fair elections and upholding the purpose of anti-defection law are the heart and soul of the democracy, if people’s mandate is not followed then how are we supposed to believe in the ‘law’ which is allegedly made by the representatives sitting in legislature assuming the mandate of people.