RAJYA SABHA ELECTIONS AND CROSS VOTING - POLITY

News: On cross-voting in Rajya Sabha elections | Explained

 

What's in the news?

       The Rajya Sabha elections in the States of Uttar Pradesh, Himachal Pradesh and Karnataka witnessed cross-voting by MLAs belonging to different parties.

       This has once again raised concerns about the sanctity of the election process.

 

Rajya Sabha Elections:

Constitutional Provision:

       As per Article 80 of the Constitution, representatives of each State to the Rajya Sabha are elected indirectly by the elected members of their Legislative Assembly.

 

Historical Backdrop:

       Before 1998, the outcome of Rajya Sabha elections were usually a foregone conclusion, as the candidates were nominated by various parties in accordance to their strength in the Assembly. Hence, they used to be elected unopposed.

       However, the June 1998 elections in Maharashtra saw cross-voting, breaking this tradition

 

Legal Provisions:

1. Open Ballot System:

       The June 1998 Rajya Sabha elections in Maharashtra witnessed cross-voting.

       Hence, in order to rein in the MLAs from such cross-voting, an amendment to the Representation of the People Act, 1951 was carried out in 2003.

       Section 59 of the Act was amended to provide that the voting in elections to Rajya Sabha shall be through an open ballot.

       The MLAs of political parties are required to show their ballot paper to the authorised agent of their Party.

       Not showing the ballot paper to the authorised agent or showing it to anyone else will disqualify the vote.

       Independent MLAs are barred from showing their ballots to anyone.

2. Tenth Schedule and Rajya Sabha Elections:

       The 52nd Constitutional Amendment introduced the anti-defection law through the Tenth Schedule in 1985.

       This Schedule provides that a member of a House of Parliament or State legislature who voluntarily gives up the membership of their political party or votes against the instructions of their party in a House are liable for disqualification from such House.

       This instruction with respect to voting is issued by the whip of a party.

       However, the elections to Rajya Sabha are not treated as a proceeding within the Legislative Assembly.

       The Election Commission, drawing reference to Supreme Court judgments, had issued a clarification in July 2017.

       It specified that the provisions of the 10th Schedule, with respect to voting against the instruction of the party, will not be applicable for a Rajya Sabha election.

       Furthermore, political parties cannot issue any whip to its members for such elections.

 

Supreme Court and 10th Schedule:

Kuldip Nayar versus Union of India (2006):

       The Supreme Court in Kuldip Nayar versus Union of India (2006), upheld the system of open ballot for Rajya Sabha elections.

       It reasoned that if secrecy becomes a source for corruption, then transparency has the capacity to remove it.

       The same court held that an elected MLA of a political party would not face disqualification under the Tenth Schedule for voting against their party candidate.

       He/she may at the most attract disciplinary action from their political party.