Last week saw the unfolding of political drama in the state of Karnataka. 17 Congress and JD MLA's were disqualified by the Supreme Court, which led to the fall of the state government.  But along with the disqualification Supreme Court also squashed the Speakers' orders to disqualify them for rest the term till 2023. 

I feel the spirit of the law got defeated with that Supreme Court decision as it allowed these disqualified MLAs to contest again. These power-hungry MLAs not only betrayed their party but also the people of their respective constituencies. Even though BJP denied its hand in the resignation of these MLAs but it went ahead very blatantly announced that these MLAs will join BJP.  They all MLAs not only joined BJP but also got tickets to contest in the bye-elections from the same constituency. 

 With this, the cat is out of the bag as the “operation lotus” is proved beyond doubt, but I see people still saying that it is the most principled party and its bosses are all “swatch pearls”. BJPs holier-than-thou attitude stands exposed and this will take plenty of time for taint to wear away.

Coming the SC’s judgment, I think,10th schedule needs to be amended as the court pointed out that the speaker’s decision to disqualify a legislator on the ground of defection is not subject to judicial review.  But the same law does not give the power to lay down the period of disqualification or to prevent the disqualified MLA from seeking re-election. The law should stipulate, that upon reentering the House, the disqualified member shouldn’t be made a Minister. All these incidents clearly show that the 10th schedule has few loopholes, which need to be amended so that the governments must not try to exploit it. If it as any principles it should immediately amend it, but I have my reservations on this.

With this judgment, the defections are becoming easier, and attractive to boot, provided the party to which the MLA defects can throw in enough incentives to induce defection, even at the cost of incurring disqualification. The “taint” of defection is thus rendered meaningless. The SC’s verdict is apt to attract the emulation of Karnataka defectors by unscrupulous elements in other states and also in parliament.