Chennai : Former Supreme Court of India judge Justice F.M. Ibrahim Kalifulla has issued a strong critique of political defections, characterizing the practice as a “constitutional sin.” Speaking at a symposium hosted by the University of Madras, the retired judge emphasized that elected representatives who abandon their parties undermine the very foundation of the democratic process and the trust placed in them by voters.
The event, titled ‘Anti-defection: The Tenth Schedule and the sanctity of the people’s mandate,’ focused on the efficacy of current legislation designed to curb party-hopping. Justice Kalifulla reminded attendees that the Tenth Schedule was originally introduced in 1985 as a necessary constitutional amendment to combat the widespread political instability that plagued the country during the 1980s.
Reforming the Anti-Defection Framework
During his address, Justice Kalifulla encouraged legal experts and students to engage in a rigorous debate regarding potential reforms, specifically the implementation of a “cooling-off period” for legislators who resign from their posts to join rival factions. While he noted that convicted politicians are currently barred from contesting elections for six years, he raised complex questions about whether similar restrictions could be legally applied to those who voluntarily resign their seats.
The discussion also touched upon the controversial role of the Speaker in adjudicating defection cases. Addressing calls for an independent tribunal to handle these disputes, Justice Kalifulla noted that the judiciary already retains the power to review decisions made by the Speaker. He further clarified the nuances of the existing law, noting that disqualification can be triggered not only by leaving a party but also by voting or abstaining in the House against a party whip.
Calls for Stricter Accountability
The symposium also featured insights from V. Palanikumar, the former Tamil Nadu State Election Commissioner, who argued that the current legal framework is insufficient to deter those seeking power or ministerial positions through party switching. Palanikumar advocated for a more punitive approach, suggesting that defecting candidates should face lifetime bans from contesting elections to protect the integrity of the electoral system.
The event, which was moderated by former IPS officer K.P. Shanmuga Rajeswaran, also included contributions from A.S. Panneerselvan, director-general of the Chennai Institute of Journalism, and G. Rajasekar, head of the department of legal studies at the University of Madras. The panel concluded with a consensus on the need for time-bound, impartial resolutions to defection cases to restore public faith in elected governance.
