02 Mar Cross voting in Rajya Sabha elections
This article covers ‘Daily Current Affairs’ and the topic details of ”Cross voting in Rajya Sabha elections”. This topic is relevant in the “Polity and Governance” section of the UPSC CSE exam.
Why in the News?
Cross-party voting by MLAs was observed during the Rajya Sabha elections in the States of Uttar Pradesh, Himachal Pradesh, and Karnataka.
What is Cross Voting?
- Cross-voting during Rajya Sabha polls is when a legislator, commonly a member of a legislative assembly (MLA), casts a vote for a candidate not affiliated with the political party or alliance to which the legislator belongs.
- The Rajya Sabha, the upper house of the Parliament of India, is not directly elected by the public but by the elected members of the State Legislative Assemblies. In Rajya Sabha elections, MLAs from each state exercise their voting rights to choose representatives for the Rajya Sabha.
- The allocation of seats to a state is based on its population. Cross-voting occurs when a legislator deviates from the party’s designated candidate and instead votes for a candidate from another political party or an independent candidate.
Unveiling the Process of Rajya Sabha Elections
- The Rajya Sabha, the upper house of the Indian Parliament, stands as a distinct entity compared to the directly elected Lok Sabha. Choosing members for the Rajya Sabha involves a multi-layered and nuanced indirect election process that deviates significantly from the familiar public polling booths and direct voting associated with Lok Sabha elections.
- A Unique Electorate: Unlike the Lok Sabha, where every citizen above 18 holds the power to vote, the responsibility of electing Rajya Sabha members falls solely on the elected representatives of the state legislative assemblies (MLAs). This unique system ensures that the upper house reflects the will of the state legislatures, fostering a balance of power between the central government and the states.
- Ensuring Equitable Representation: To guarantee diverse representation within the Rajya Sabha, a method called single transferable vote (STV) is employed during the elections. This system empowers MLAs to rank their preferences for various candidates on the ballot paper. If a candidate secures enough first-preference votes to meet a predetermined quota, they are declared elected. This meticulous approach ensures that parties with significant support in the state assembly have a fair chance of securing seats even if they may not hold an absolute majority, fostering inclusivity and diverse representation within the Rajya Sabha.
Transparency Through Open Ballots
- Prior to 2003, Rajya Sabha elections were shrouded in secrecy, as voting was conducted through a secret ballot system. This, however, opened doors for unforeseen outcomes like the 1998 Maharashtra elections, where a candidate from the dominant party unexpectedly lost due to cross-voting by MLAs. To address this lack of transparency and potential for manipulation, an amendment introduced an open ballot system in 2003 (Section 59 of the RPA, 151 was amended for the open ballot system).
- Now, MLAs are required to show their marked ballot paper to their party’s authorised agent, increasing transparency and accountability while minimising the possibility of voting against party lines. This crucial step helps to maintain the integrity of the election process and ensures that the elected representatives act in accordance with their party’s mandate.
- In essence, electing members to the Rajya Sabha is a carefully designed and intricate process that balances representation across states, ensures fairness through a unique voting system, and promotes transparency through open ballots. This intricate mechanism plays a crucial role in shaping the composition and functioning of India’s bicameral parliament, fostering a robust and balanced democratic system.
Supreme Court’s Interpretation of Defection
Kuldip Nayar v. Union of India (2006)
In the case of Kuldip Nayar versus Union of India (2006), the Supreme Court affirmed the use of an open ballot system for Rajya Sabha elections. The rationale behind this decision was the belief that transparency has the potential to eliminate corruption if secrecy becomes a breeding ground for it. The court also clarified that an elected MLA affiliated with a political party cannot face disqualification under the Tenth Schedule for voting against their party’s candidate. The most severe consequence they might encounter is disciplinary action from their political party.
Ravi S. Naik and Sanjay Bandekar v. Union of India (1994)
In the judgement of Ravi S. Naik and Sanjay Bandekar versus Union of India (1994), the Supreme Court established that voluntarily giving up membership under the Tenth Schedule does not solely entail formal resignation from the member’s affiliated party. The court emphasised that a member’s behaviour both within and outside the legislative house, can be scrutinised to determine whether it qualifies as voluntarily giving up membership.
Reasons for Cross Voting
Navigating Political Labyrinths: Uncover the complexities of political alliances and rivalries within states and political parties that give rise to cross-voting. Witness how MLAs, driven by broader political considerations, sometimes prioritise overarching alliances over unwavering party loyalty.
Individual Conscience at Play: Delve into the realm of “Conscience Voting,” where legislators exercise their right to vote based on personal beliefs and a thorough assessment of candidates’ qualifications, breaking away from the conventional strict adherence to party directives.
Dissent and Independence: Witness the drama unfold as “Internal Party Conflicts” become catalysts for cross-voting. Discover how dissatisfaction with party decisions or internal conflicts can serve as a powerful expression of dissent and a means for legislators to assert their independence.
Local Issues, Global Impact: Explore the influence of “Personal Agendas” as legislators are swayed by personal or local issues that shape their voting choices. Understand how these specific concerns resonate within constituencies, propelling support towards candidates or parties that directly address them.
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Prelims practise question
Q1. Consider the following statements regarding the 10th schedule of the Indian constitution:
- The speaker of the House is responsible for deciding on disqualification matters under the 10th Schedule.
- As per the 10th schedule, a merger of Parties means that two-thirds of the members of a party join another party.
- The 61st Amendment to the Constitution introduced the 10th Schedule.
How many of the statements given above are correct?
(a) Only one
(b) Only two
(C) All three
(d) None
ANSWER: b
Mains practise question
Q1. In the context of the 10th Schedule, analyse the role of the Speaker of the House in deciding on disqualification matters. How does this responsibility impact the impartiality of the Speaker and the overall stability of the political system?
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