Cross Voting In Rajya Sabha Elections and Anti Defection Law

March 2, 2024

Context:

This editorial is based on the news “On cross voting in Rajya Sabha elections | Explained” which was published in the Indian Express. Recently, Rajya Sabha elections in Uttar Pradesh, Himachal Pradesh, and Karnataka had witnessed instances of cross voting raising concerns on the sanctity of the election process.

Relevance for prelims: Parliament, Rajya Sabha-Election Process, Schedules Of Indian Constitution, and Anti defection Law, and Supreme Court.

Relevancy for Mains: Indian Constitution – Historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Cross Voting in Rajya Sabha Elections: Constitutional Provisions

Article 80 of the Indian Constitution: Rajya Sabha members are indirectly elected by state legislators, which adds a layer of complexity to the democratic process and opens avenues for cross voting.

Historical Context:

Traditionally, Rajya Sabha elections witnessed minimal contention but the trend shifted in 1998 when cross voting incidents began to surface, indicating a change in political strategies.
Open Ballot System: The introduction of an open ballot system in 2003 was intended to curb cross-voting and promote transparency in the electoral process of the Upper House of Parliament.

Legal Provisions and Precedents

Anti Defection Law: The Tenth Schedule of the Indian Constitution, known as the Anti Defection Law, was implemented to maintain political stability by curbing unregulated party-switching and voting dissent.
- Kuldip Nayar versus Union of India (2006): The Supreme Court, in this case upheld the open ballot system while clarifying that voting against party candidates in Rajya Sabha elections does not invoke disqualification under the Tenth Schedule.
Court Rulings: The Supreme Court has confirmed the validity of the open ballot system and ruled that a member’s vote against party lines i.e cross voting in Rajya Sabha polls does not warrant disqualification under the Tenth Schedule.
Cross Voting Nuances: Despite the inherent contradiction, cross voting in Rajya Sabha elections raises nuanced legal and ethical questions regarding legislative intent and fidelity.

Current Challenges and Legal Remedies:

Integrity at stake: The act of cross-voting, W Sally permissible, could potentially disrupt the fabric of trust and responsibility embedded within the electoral mandates of democracy.
Judicial Oversight: When instances of cross- voting erode the intended transparency, the judiciary may step in either suo moto or through appeals to revisit and reinforce electoral propriety.
Revising Disqualification: Clarifying the position of cross-voting vis-à-vis voluntary defection could eliminate ambiguities and possibly avert future instances of this electoral conundrum.

Deterrent Measures

Preventive Clarity: Establishing well-defined deterrent measures can offer clarity to legislators and dissuade potential defiance of party instructions within the realm of Rajya Sabha elections.
Legal Fortification: Strengthening the legal provisions could mend the loopholes that enable cross-voting, thus fortifying the electoral system against subversion.
Political Accountability: Instilling a culture of accountability might act as a natural deterrent, reinforcing legislative commitment and integrity

Also Read: Lok Sabha Election 2024

Prelims PYQ (2015):

There is a Parliamentary System of Government in India because the

(a) Lok Sabha is elected directly by the people

(b) Parliament can amend the Constitution

(d) Council of Ministers is responsible to the Lok Sabha

Ans: (d)

Mains Question: Rajya Sabha has been transformed from a ‘useless stepney tyre’ to the most useful supporting organ in past few decades. Highlight the factors as well as the areas in which this transformation could be visible. (250 words, 15 marks)

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