Note4Students
From UPSC perspective, the following things are important :
Prelims level: Cross-Voting in Rajya Sabha
Mains level: Exceptions to the Anti-Defection Laws
In the news
- Recent Rajya Sabha elections in Uttar Pradesh, Himachal Pradesh, and Karnataka have been marred by instances of cross-voting, prompting concerns over the integrity of the electoral process.
Why discuss this?
- Understanding the legal framework governing Rajya Sabha elections and the implications of cross-voting is crucial in addressing these concerns and upholding democratic principles.
Rajya Sabha Elections and Cross-Voting
- Constitutional Provision: Article 80 of the Constitution mandates the indirect election of Rajya Sabha representatives by the elected members of State Legislative Assemblies.
- Historical Context: Rajya Sabha elections were traditionally uncontested until 1998, when cross-voting in Maharashtra marked a departure from this trend.
Legal Provisions and Precedents
- Open Ballot System: An amendment to the Representation of the People Act, 1951 in 2003 introduced open ballot voting for Rajya Sabha elections, aimed at curbing cross-voting.
- Tenth Schedule (Anti-Defection Law): Introduced in 1985, this Schedule disqualifies legislators who voluntarily give up party membership or vote against party instructions. However, it does not apply to Rajya Sabha elections.
- Court Rulings: The Supreme Court, in cases such as Kuldip Nayar versus Union of India (2006), upheld the open ballot system while clarifying that voting against party candidates in Rajya Sabha elections does not invoke disqualification under the Tenth Schedule.
Current Challenges and Legal Remedies
- Cross-Voting Impact: Instances of cross-voting undermine the democratic process and erode electoral integrity.
- Judicial Intervention: The Supreme Court may initiate suo moto proceedings or review existing judgments to address the issue of cross-voting.
- Disqualification Criteria: Voting against party lines in Rajya Sabha elections may be considered voluntary defection, warranting disqualification under the Tenth Schedule.
Way Forward
- Upholding the Intent: Instances of cross-voting undermine the transparency aimed at by the open ballot system, raising questions about the effectiveness of existing mechanisms.
- Judicial Intervention: The Supreme Court’s commitment to safeguarding democracy provides hope for addressing cross-voting issues through suo moto Public Interest Litigation or appeals against disqualification rulings.
- Revisiting Precedents: There is scope for the court to reinterpret its previous rulings in light of evolving circumstances, potentially aligning the consequences of cross-voting with the principles of the Tenth Schedule.
- Deterrent Measures: Clarifying that cross-voting may constitute grounds for disqualification under the Tenth Schedule could serve as a deterrent against future instances.
Conclusion
- Upholding the principles of free and fair elections requires addressing the challenge of cross-voting in Rajya Sabha elections.
- Judicial intervention and enforcement of existing laws are essential to safeguarding the integrity of the electoral process and preserving democratic norms.
Try this PYQ from CSP 2020:
Rajya Sabha has equal powers with Lok Sabha in
(a) the matter of creating new All India Services
(b) amending the Constitution
(c) the removal of the government
(d) making cut motions
Post your responses here.
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