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Wanted – a foolproof law against apostasy

When the possibility of another case of mass apostasy – this time in Goa – caught the country’s attention, the longing for a stronger anti -apostasy law to stop ugly political infidelity became more intense than ever. The country has not yet recovered from the shock of the dramatic change of guard in Maharashtra, when another story of senseless destruction of the mandate of the people emerged. Some people are still hoping for a decisive intervention from the Supreme Court to provide relief to Shiv Sena, which has been marred by the widespread apostasy led by Eknath Shinde who is now comfortably placed in the position of Prime Minister, without being read correctly. the nature of the Indian judiciary. . Similar political stages in Arunachal Pradesh, Uttarakhand, Manipur, Karnataka and Madhya Pradesh should convince political observers that the expectations of radical judgments are only fantasy. The Supreme Court refused to hear Maharashtra -related petitions yesterday, with Chief Justice NV Ramana promising to form a separate court that would last. It also asked the Speaker of the Assembly not to decide on disqualification proceedings until their verdict arrives.

The judgments of the Supreme Court on matters relating to renegades in different states are not consistent or convincing. But the real fault lies in the legal holes and the refusal of the political class to stab them, despite the repeated stages that pierce the purpose of the Tenth Schedule of the Constitution. It’s not that the higher judiciary is unaware of the legal weaknesses and the perversion of this game of apostasy. But the remedy must come from Parliament which has to provide legal remedies. The session of Parliament is set to resume next week but there are no indications of any plan to stabilize the legal disabilities that facilitate widespread apostasy. Although the central government has not even expressed concern over the disturbing political threat, even the opposition has not made any request to accept this severe threat to democracy on a priority basis. One day, this flaw will have to be addressed. By delaying relief, the type of politics only ensures that the wounds inflicted on politics are exacerbated. Whatever happens in Madhya Pradesh, Karnataka and Maharashtra is not good for democracy. Democracy seemed tamasha and made a joke of the sanctity of the people’s mandate. The paradox becomes even more confusing when allegations of money power and political blackmail are leveled; the Enforcement Directorate has been cynically described as a tool for Engineering Defections. How many more ugly stages are needed to remove political leaders from their inertia?

The Supreme Court tried to arouse the legislature in its own subtle way. Justice NV Ramana said while dismissing the apostasy case in Karnataka in 2019, “The aim and purpose of the Tenth Schedule is to deter the evil of political apostasy motivated by lure to office or rather similar considerations- for which jeopardizes the foundations of our democracy. ” He also said, “The horse trade and corrupt practices associated with apostasy and change of allegiance for lure to office or false reasons have not weakened. Thus, the citizens are being rejected by the stable government. In in these situations, it is necessary to consider strengthening certain aspects, so that such undemocratic activities can be discouraged and examined. ” Isn’t this still enough to force the Government to start the process of strengthening the Anti-Defection Law? A joint parliamentary committee should be formed at the best to review the full gamut of issues and prepare a draft law that can usher in a new era of political morality.The Supreme Court, in its ruling in Karnataka refused to bar defectors from contesting the election, saying, “Either under the Constitution or under the statutory scheme it is thought that disqualification under the Tenth Schedule will serve as a barrier for re -election campaign. “It allowed defectors in Karnataka and Madhya Pradesh to be re -elected and become ministers.This system needs to be changed because apostasy must be put in place to the MLAs at a great loss, both morally and politically.If there is an obstacle for them to contest the election within two the year and be a minister for five years, the naked dance of apostasy will be severely subdued. If the legal framework allows similar privileges after renunciation, this problem will not be solved. In the 75th year of India’s independence, have a meaningless law that does not allow unscrupulous legislators or parliamentarians to toy with the mandate of the people. If they still have a defect, let them face the music.

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