MAKING AN ASS OF THE LAW
THE WEEK India|October 06, 2024
The current state of the anti-defection law is affecting democracy itself. It is time to completely overhaul the system
ABHISHEK SINGHVI
MAKING AN ASS OF THE LAW

UNFORTUNATELY, TALKING ABOUT the Tenth Schedule and defections forces me to use the Shakespearean adage, “the law is an ass”. We, the operators of the Tenth Schedule, and that means all stakeholders and not just politicians, have actually made it an ass. If I tell you the kind of jugaads we have adopted on the subject of defections, you will actually start laughing. And it would be really comic, were it not tragic.

If Gaya Lal was alive today, he would go and jump off a cliff for not having thought of any of these things!

Let me give you a few examples that may shock you. They may amuse you, but, above all, they will tell you all about our great genius to render non-functional something created with the highest ideals, distort something intended to be noble and high.

First is a fundamental question about the speaker’s post. We have adopted these things from Britain. In the old days, speakers were elected unopposed and had credibility by virtue of being genuinely unaffiliated. That is the first reform we need. The rhetorical sermonising from the pulpit, that when I sit on the speaker’s chair I leave behind all of my affiliations and I am not political, that is just not true. The speaker cannot at all sever his umbilical cord. He is a partisan person of a political party. Speakers of the assembly and the Parliament must be elected unopposed and given full authority to be independent.

The fulcrum of the Tenth Schedule is the speaker—the persona designata. The only one who can decide on complaints under the Tenth Schedule. The chosen arbiter. The persona designata has to be brutally and genuinely independent.

Denne historien er fra October 06, 2024-utgaven av THE WEEK India.

Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.

Denne historien er fra October 06, 2024-utgaven av THE WEEK India.

Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.

FLERE HISTORIER FRA THE WEEK INDIASe alt
Efficiency and innovation
THE WEEK India

Efficiency and innovation

As health care evolves, professionals must employ innovative methods to refine their skills

time-read
2 mins  |
December 01, 2024
Level up
THE WEEK India

Level up

Only 30 per cent of needy patients are able to undergo transplant in India; we need more dedicated transplant centres

time-read
2 mins  |
December 01, 2024
HOPE STEMS FROM A CELL
THE WEEK India

HOPE STEMS FROM A CELL

While stem cell therapies have shown success in treating blood disorders, orthopaedic ailments, autoimmune diseases and eye issues, there is hope that they can one day treat patients with heart disease, blindness, Parkinson's, HIV, diabetes and spinal cord injuries

time-read
10+ mins  |
December 01, 2024
Mind matters
THE WEEK India

Mind matters

Your mindset can limit or expand your physical ability

time-read
3 mins  |
December 01, 2024
Cutting edge
THE WEEK India

Cutting edge

Would you go under the knife if a robot was the one holding it? Or would you say, \"No way, I need a human touch\"? You might have to decide soon because a robot that can imitate skilled human surgeons is already here.

time-read
1 min  |
December 01, 2024
The smallest cut
THE WEEK India

The smallest cut

Minimally invasive surgeries have a bright future, with virtual reality and 3D procedures offering greater precision and AI on the horizon

time-read
4 mins  |
December 01, 2024
Signalling a revolution
THE WEEK India

Signalling a revolution

Canadian scientist and entrepreneur Sachdev Sidhu is focused on bringing cutting-edge antibody engineering to his country of origin

time-read
7 mins  |
December 01, 2024
Wellness on demand
THE WEEK India

Wellness on demand

Starting as a doctor-patient chat platform, Medibuddy has evolved to be India's largest on-demand, full-stack digital health care platform

time-read
4 mins  |
December 01, 2024
HEARING AND VISION LOSS LINKED TO HEART DISEASE AND STROKE
THE WEEK India

HEARING AND VISION LOSS LINKED TO HEART DISEASE AND STROKE

A CHINESE STUDY PUBLISHED IN THE JOURNAL of the American Heart Association suggests that middle aged and older adults with sensory impairments, specifically hearing and vision loss, have an elevated risk of cardiovascular diseases, including stroke and heart attacks.

time-read
1 min  |
December 01, 2024
PETTICOAT CANCER AND THE SARI LINK
THE WEEK India

PETTICOAT CANCER AND THE SARI LINK

TYING YOUR UNDERSKIRT (petticoat) tightly around the waist when wearing a sari, can lead to \"petticoat cancer\" or \"sari cancer,\" as it was previously called. Tying the underskirt too tightly can cause constant cord friction that can lead to chronic inflammation, skin ulceration and, in rare cases, skin cancer.

time-read
1 min  |
December 01, 2024