Rajya Sabha polls BJP gains in U.P., Himachal Pradesh amid cross-voting
- March 1, 2024
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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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.