New Govt Formation Chances & Anti Defection Law in J&K

Zafar Bhat. Dated: 7/13/2018 11:54:32 AM

Zafar Bhat
Jammu, July 12
In J&K, new government formation, With former chief minister and People's Democratic Party (PDP) president Mehbooba Mufti facing open rebellion in the party, the disgruntled party legislators are likely to join hands to form a "block" within the party and this group would be key to BJP in forming a government in Jammu and Kashmir with a face from Kashmir as Chief Minister.
But the disgruntled party legislators might have forgotten that the politics of defection has been the





bane of the parliamentary system in India.
The vice of defection has been rampant in India for quite some time, especially at the state level. Defection means floor-crossing by a member of one political party to another party.
Notably, with a strong anti-defection law in place in Jammu and Kashmir, the BJP's attempts to form a government with the help of rebel PDP MLAs seems to have lost steam for the time being. Also provisions of the anti-defection law in Jammu and Kashmir give powers to the leader of the party to disqualify the rebel member rather than leaving it to the Speaker.
Particularly, BJP requires 44 members to form the government in Jammu and Kashmir. It currently has 25 members and support of two MLAs so it still falls short of 15 MLAs.
Pertinently, Defection causes government instability, for a government to be toppled over due to the defection of some of its supporters to the opposition party converting it from a minority into a majority party. Defection is undemocratic as it negates the electoral verdict. A party which fails to get majority in the House through election may yet be able to maneuver a majority in the House and form the government by inducing defections from other parties. Thus, the party which may have won a majority through election, and got the mandate from the people to form the government, may yet fail to do so because a few of its members defect from the party.

 

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