Justice F M Ibrahim Kalifulla, a former judge of the Supreme Court and V Palanikumar former State Election Commissioner Tamil nadu during the symposium on anti-defection. is to deliver a lecture at University of Madras on Tuesday.
He also explained the background of the anti-defection law, enacted through a constitutional amendment in 1985.
Chennai: Elected representatives who defect from political parties commit a constitutional sin, said Justice Ibrahim Kalifulla, a former judge of Supreme Court of India , citing an apex court ruling. “The objective of introducing the Tenth Schedule was to curb the evil of political defections, which had become a widespread menace in Indian politics during the 1980s,” Kalifulla said while speaking at a symposium on ‘Anti-defection: The Tenth Schedule and the sanctity of the people’s mandate’, organised by the department of legal studies at the University of Madras . On the demand for an independent tribunal instead of Speakers to decide defection cases, he said courts could review decisions taken by Speaker.
On suggestions to introduce a cooling-off period for MLAs who resign from office and join other political parties, Justice Kalifulla asked law students and experts to deliberate on the issue.
Voting, or abstaining from voting, in the House contrary to any direction issued by the political party to which he belongs can also be a ground for disqualification,” he said. Quoting a recent Supreme Court order, he said there are five defences available to a member to shield himself or herself from the consequences of the anti-defection law, including obtaining prior permission from the political party or having their action condoned by the party. V Palanikumar, former Tamil Nadu State Election Commissioner, said elections are the foundation of democracy and the law should be stringent against defection, as it is eroding people’s faith. Independent tribunals, instead of Speakers, should decide defection cases in a time-bound manner,” he said.
“An elected member will be disqualified if he leaves the party. “Elected representatives defect in pursuit of power, status and ministerial berths. The law should prevent defecting candidates from contesting for life.