Rajya Sabha polls BJP gains in U.P., Himachal Pradesh amid cross-voting

Subject: Polity

Section: Parliament

Context:

Rajya Sabha polls in Uttar Pradesh and Himachal Pradesh went down to the wire, with heavy cross-voting by Samajwadi Party (SP) and Congress MLAs respectively, and the BJP walking away with two extra seats than its Assembly strength permitted.

More on news:

The June 1998 Rajya Sabha elections in Maharashtra witnessed cross-voting that resulted in the loss of a Congress party candidate

Legal Provisions:

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.
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.

What does the Tenth Schedule state?

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 Tenth 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.

What is Cross Voting:

Cross voting in Rajya Sabha polls refers to the phenomenon where a legislator, typically a member of a legislative assembly (MLA), votes for a candidate who does not belong to the political party or alliance to which the legislator is affiliated.
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, each state’s MLAs cast their votes to elect representatives to the Rajya Sabha.
The number of seats allocated to a state is determined by its population.
Cross voting occurs when a legislator goes against the party’s designated candidate and votes for a candidate from another political party or an independent candidate.

Reasons for Cross Voting:

Conscience Voting: Legislators may choose to vote according to their individual conscience, beliefs, or evaluation of the candidate’s qualifications, rather than strictly adhering to party lines.
Political Alliances and Rivalries: Complex political dynamics, alliances, or rivalries within a state or among political parties can lead to instances of cross voting.
Personal Agendas: Legislators may have personal or local issues that influence their voting decisions, leading them to support candidates or parties that align with their specific concerns.
Internal Party Conflicts: Internal conflicts within a political party, dissatisfaction with party decisions, or disagreements with leadership can motivate legislators to cross vote.