Hindi English Translation || Editorial || Taken to task: On the Supreme Court and defections

Taken to task: On the Supreme Court and defections

The Supreme Court is right in pushing Speakers to act decisively (निर्णायक रूप से, स्पष्ट रूप से) on defections

The issue of defections (दलबदल, पक्षत्याग) in Legislative Assemblies has become a vexed (विवादास्पद, उलझा हुआ) one in public life in recent years. Ruling parties — the Bharatiya Janata Party in particular (विशेष रूप से) — have adopted an unabashed (निर्लज्ज, बेहिचक, बिना शर्म के) approach to augment (बढ़ाना, तीव्र करना) their legislative (relating to a legislature (law-making/governing body)) support by encouraging defections. A commonly used modus operandi (कार्य प्रणाली) — used egregiously (shockingly, horribly, awfully/very badly) in Manipur in the late 2010s and later in Maharashtra — involves the Speaker, invariably (हमेशा, हर बार) from the ruling party, sitting on disqualification petitions (याचिका) from Opposition parties against legislators who have defected (change allegiances/loyalties/sides; abscond, desert). Some defectors have even been sworn in as Ministers, pending adjudication (न्यायिक निर्णय, फैसला) on their party-switching by the Speaker. Many States have seen the unedifying (अप्रिय, अपमानजनक) sight (दृश्य, दर्शन) of mass defections to the ruling party just after elections, making a mockery of the democratic exercise. The latest is the situation in Telangana where the petitions filed by the Bharat Rashtra Samiti (BRS) in March-April 2024, to disqualify 10 of its legislators who defected to the Congress, were notified by the Speaker only in January this year. The Supreme Court, hearing a petition by the BRS seeking (मांगना, अनुरोध करना) timely (prompt, well-timed, at the right time, opportune, appropriate) action by the Speaker, has rightly observed (comment, remark, say, mention) that it was not “powerless” if a Speaker chose to remain indecisive (inconclusive, indeterminate, undecided, contradictory). Justice B.R. Gavai’s observation (statement, remark, comment, opinion) that the courts cannot tell a Speaker how to decide, but that they could ask the Speaker to decide within a reasonable period, is a rational (logical, well reasoned, sensible, reasonable) one.

A five-judge Constitution Bench (a court of law with a number of judges), in May 2023, had reposed ((of one’s confidence/trust) be placed in someone/something) its faith in the Speaker’s “propriety (decorum, morality, honesty, rightness, correctness, appropriateness, good manners) and impartiality (fairness, justness, equality, neutrality, probity, lack of bias/prejudice, even-handedness)” to decide on defections, but “within a reasonable period”. Flowing from (originate from, come from, be rooted in, emanate from, stem from, proceed from, result from, be consequent on) this judgment, the Court had, in October 2023, fixed a deadline for the Maharashtra Speaker to decide defection pleas (petition, application, appeal, request) from the Opposition after the undue (excessive, too much, disproportionate, needless, unreasonable, unjustified, inappropriate, unneeded, extreme, immoderate) delay by him in hearing them. Yet, the issue is persistent (nuous, constant, unending, unrelenting, unceasi). This is inevitable (unavoidable, sure to happen, unpreventable) as Speakers are invariably elected from ruling parties and rarely act in a non-partisan (fair, unbiased, unprejudiced, impartial, neutral) manner, despite the expectation that they will do so. In 2020, the Court had asked Parliament to amend the Constitution (body of law; system of rules; regulations, fundamental principles, charter) to strip Legislative Assembly (विधान सभा) Speakers of their exclusive power to decide upon whether legislators should be disqualified or not under the Tenth Schedule (The 10th Schedule to the Constitution, popularly referred to as the ‘Anti-Defection Law,’ was inserted by the 52nd Amendment in 1985. The grounds of disqualification are specified in Paragraph 2 of the 10th Schedule. A member would incur a disqualification under paragraph 2 (1) (a) when he “voluntarily gives up his membership of a party” and under 2 (1) (b) when he/she votes (or abstains from voting) contrary to the directive issued by the party) which frames (formulate, stipulate, lay down, draw up & insist on (a principle/rule)) the anti-defection law. It had also asked for an independent (impartial, unbiased, unprejudiced, neutral, non-aligned) tribunal (arbitration board/panel, forum, committee; court of inquiry), instead of the Speaker, to be appointed for the task. No such action has been taken by Parliament since then and the problem of defections going unaddressed (not considered, not dealt with, unresolved) by Speakers within a reasonable time frame persists (continue, linger, remain/stay, last). If the Court forces the hand of the Speaker in Telangana, it might be one more blow (shock, surprise; setback/misfortune) for decisive (resolute, firm, strong-minded, determined) action. But the scourge (affliction, bane, curse, plague) of defections and how it is dealt with will remain as long as (given that; when/while) voters do not punish those who indulge in (become involved in something that you like (a particular desire, interest, etc.); become involved in (an undesirable activity)) such practices.

Courtesy: The Hindu

Important Word List With Meaning

1.defection (noun)

Hindi Meaning - दलबदल, पक्षत्याग
English Meaning - desertion, absconding, decamping.

2.decisively (adverb)

Hindi Meaning - निर्णायक रूप से, स्पष्ट रूप से
English Meaning - conclusively, categorically, definitely.

3.legislative assembly (noun)

Hindi Meaning - विधान सभा
English Meaning - Also known as Vidhan Sabha; it is the lower house in the states and union territories of India that have a bicameral legislature. Members of the Legislative Assembly are directly elected by the people through assembly elections. The term of the Legislative Assembly is five years unless dissolved earlier. A member of a Legislative Assembly is referred to as an MLA.

4.vexed (adjective)

Hindi Meaning - विवादास्पद, उलझा हुआ
English Meaning - disputed, contentious, debatable, controversial.

5.in particular (phrase)

Hindi Meaning - विशेष रूप से
English Meaning - particularly, specifically, to be specific, especially, specially

6.unabashed (adjective)

Hindi Meaning - निर्लज्ज, बेहिचक, बिना शर्म के
English Meaning - unashamed, shameless, brazen, unconcerned, unembarrassed, undismayed.

7.augment (verb)

Hindi Meaning - बढ़ाना, तीव्र करना
English Meaning - increase, intensify; improve, boost, enhance.

8.modus operandi (noun)

Hindi Meaning - कार्य प्रणाली
English Meaning - it is a Latin term literally meaning ‘way of operating’; a particular way/method of doing something; the usual/habitual way of working of a person.

9.invariably (adverb)

Hindi Meaning - हमेशा, हर बार
English Meaning - always, every time/each time; habitually/inevitably

10.petition (noun)

Hindi Meaning - याचिका
English Meaning - plea, appeal, request, application, supplication.

11.adjudication (noun)

Hindi Meaning - न्यायिक निर्णय, फैसला
English Meaning - judgement, verdict, decree, pronouncement, ruling, decision.

12.unedifying (adjective)

Hindi Meaning - अप्रिय, अपमानजनक
English Meaning - distasteful; unpleasant, undesirable (public event).

13.sight (noun)

Hindi Meaning - दृश्य, दर्शन
English Meaning - view, glimpse, seeing.

14.make a mockery of (phrase)

Hindi Meaning - मज़ाक उड़ाना, उपहास करना
English Meaning - make (someone/something) to seem foolish/absurd; to make someone/something to seem without value; to make something/someone to seem worthless/useless.

15.seek (verb)

Hindi Meaning - मांगना, अनुरोध करना
English Meaning - ask for, request, appeal, demand.

16.take to task (phrase)

English Meaning - reprimand, reprove, rebuke, admonish, censure, castigate, criticize, pull up; punish, penalize, take disciplinary action against.

17.legislative (adjective)

English Meaning - relating to a legislature (law-making/governing body).

18.egregiously (adverb)

English Meaning - shockingly, horribly, awfully/very badly.

19.sit on (phrasal verb)

English Meaning - be inactive; to do nothing; take no action; suppress, repress, squelch, or silence someone/something forcefully; to force someone not to do something.

20.legislator (noun)

English Meaning - a member of a legislature (parliament/congress/council/legislative assembly); lawmaker, (elected) representative.

21.defect (verb)

English Meaning - change allegiances/loyalties/sides; abscond, desert.

22.sworn in past participle of swear in (phrasal verb)

English Meaning - take an oath to induct into office, inaugurate, introduce (into office); admit into office.

23.timely (adjective)

English Meaning - prompt, well-timed, at the right time, opportune, appropriate.

24.observe (verb)

English Meaning - comment, remark, say, mention.

25.indecisive (adjective)

English Meaning - inconclusive, indeterminate, undecided, contradictory.

26.observation (noun)

English Meaning - statement, remark, comment, opinion.

27.rational (adjective)

English Meaning - logical, well reasoned, sensible, reasonable.

28.bench (noun)

English Meaning - a court of law with a number of judges.

29.constitution Bench (noun)

English Meaning - a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist).

30.division Bench (noun)

English Meaning - a bench of two or three judges is called a division bench.

31.repose (verb)

English Meaning - (of one’s confidence/trust) be placed in someone/something.

32.propriety (noun)

English Meaning - decorum, morality, honesty, rightness, correctness, appropriateness, good manners.

33.impartiality (noun)

English Meaning - fairness, justness, equality, neutrality, probity, lack of bias/prejudice, even-handedness.

34.flow from (phrase)

English Meaning - originate from, come from, be rooted in, emanate from, stem from, proceed from, result from, be consequent on.

35.plea (noun)

English Meaning - petition, application, appeal, request.

36.undue (adjective)

English Meaning - excessive, too much, disproportionate, needless, unreasonable, unjustified, inappropriate, unneeded, extreme, immoderate.

37.persistent (adjective)

English Meaning - continuous, constant, unending, unrelenting, unceasing.

38.inevitable (adjective)

English Meaning - unavoidable, sure to happen, unpreventable.

39.non-partisan (adjective)

English Meaning - fair, unbiased, unprejudiced, impartial, neutral.

40.constitution (noun)

English Meaning - body of law; system of rules; regulations, fundamental principles, charter.

41.the Constitution of India (noun)

English Meaning - India, also known as Bharat, is a Union of States. It is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The Republic is governed in terms of the Constitution of India, which was adopted by the Constituent Assembly on 26th November 1949 and came into force on 26th January 1950.

42.strip of (verb)

English Meaning - dispossess, deprive, deny/remove, take away from (rank, power, etc.).

43.the Tenth Schedule (noun)

English Meaning - The 10th Schedule to the Constitution, popularly referred to as the ‘Anti-Defection Law,’ was inserted by the 52nd Amendment in 1985. The grounds of disqualification are specified in Paragraph 2 of the 10th Schedule. A member would incur a disqualification under paragraph 2 (1) (a) when he “voluntarily gives up his membership of a party” and under 2 (1) (b) when he/she votes (or abstains from voting) contrary to the directive issued by the party.

44.frame (verb)

English Meaning - formulate, stipulate, lay down, draw up & insist on (a principle/rule).

45.independent (adjective)

English Meaning - impartial, unbiased, unprejudiced, neutral, non-aligned.

46.tribunal (noun)

English Meaning - arbitration board/panel, forum, committee; court of inquiry.

47.unaddressed (adjective)

English Meaning - not considered, not dealt with, unresolved.

48.persist (verb)

English Meaning - continue, linger, remain/stay, last.

49.force someone’s hand (phrase)

English Meaning - to compel someone do something.