The major Political crisis in Madhya Pradesh has lost the spotlight due to the major pandemic of CoVid-19 in the nation. This situation which led to the resignations in Madhya Pradesh has made it a need of the hour to make the existing law framework more stringent to avoid such instances where one political party suffers unfairly.

Let’s make this simple through a timeline of events of what happened in Madhya Pradesh this elections. In December 2018, with majority seats of 114, Congress emerged the ruling party with Shri. Kamalnath as the Chief Minister of the state. Shri. Jyotiraditya Scindia, former Congress MP, was said to be disappointed with this decision of the state government. This came in as a big advantage for BJP which had 109 seats in the legislative assembly then, to strategize their way to the throne even after a year of election.

Needless to say, it was just a few years ago, we saw BJP emerging to power in Karnataka after toppling the government of Janata Dal and what just happened in the form of resignations in Madhya Pradesh is claimed to be one such sham.

Shri Jyotiraditya Scindia already had a faction of 22+ MLA’s within the party itself and when he became a member of BJP after resigning from the Congress Party officially, things took a different turn. Since defection of parties is strictly prohibited in India through the Anti-Defection Law of Tenth Schedule, the Scindia Faction slowly started resigning from their posts and the assembly started to take actions to enquire what was the actual reason for the resignation of the members of the assembly. 16 Congress MLA’s finally resigned and were at a resort in Bengaluru bringing down the number of seats of Congress in the assembly to 92 after 15 months of governance.

Congress lost due to the well-strategized plot and a Floor Test became quintessential based on the plea of BJP’s Shri. Shivraj Singh Chouhan. The Supreme Court then ordered the Kamalnath-led government to face the floor test for vote of confidence motion. The floor test was also ordered to be Videographed under the plea of Shri. Shivraj Singh Chouhan. The justices DY Chandrachud and Hemant Gupta also gave an option for the MLA’s who were at Bengaluru to vote.

It had already become apparent for the Congress Party and the citizens of the state that BJP was eventually going to the topple the existing ruling party after the mass resignations in Madhya Pradesh. So, on the day of the floor test, ex-Chief Minister Shri Kamalnath filed his resignation to the Governor and bid farewell to the position while he stated that the democracy in the state is facing a major threat. The rest is history and Shivraj Singh Chauhan was sworn in as the Chief Minister of Madhya Pradesh.

This has made the Supreme Court urge the parliament to create a separate tribunal to enquire into such cases and bring in changes to the Anti-Defection Law, also known as Aaya Ram Gaya Ram, which was brought in India mainly to protect the political parties from political horse-trading. This law which was actually created to act as a check on the corrupt politicians doesn’t actually solve its purpose to the fullest and the problem of turn-coating still exists in India. This is because the political parties can easily wade away with the loopholes in the existing law framework. While all the parties keep tending to deny these allegations, the judiciary and legislature now faces a high pressure to look into the matter with grave concern.

This law gives the Speaker of an assembly the rights to disqualify the MLA’s .This proved to be ineffective and was challenged in the Supreme Court in the year 1992. Since then both the High Courts and the Supreme Court had to decide the validity of the speaker’s decision in various cases.

A change was brought to the same through the 91st amendment in the constitution in the year 2003 which prevented defections through splits and mergers in the political parties. What seemed like something which would finally bring in political stability, failed miserably and the law continues with the loopholes which is at the advantage of politicians.

Now the judiciary is deciding if the speakers of the assembly be constituted with a quasi-judicial body to look into such matters while it is completely left in the hands of the parliament to realize the gravity of the issue and decide.

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