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A stringent anti-defection law and not oaths at religious places is required to stop desertions of lawmakers

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Aurangzeb Naqshbandi
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Goa Chief Minister Pramod Sawant and Goa BJP President Sadanand Shet Tanavade welcome eight Congress MLAs who joined the party, in Panaji, Wednesday, Sept. 14, 2022

As many as eight Congress legislators in Goa defected to the ruling Bharatiya Janata Party (BJP) on Wednesday, over seven months after they had taken oaths at religious places to stay loyal to the grand old party.

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The fact that such loyalty pledges mean nothing for the lawmakers was evident from a highly insensitive remark by former chief minister Digambar Kamat.

He said God had actually granted them the permission to join the BJP.

"I believe in God and it is true that before the election, we had taken an oath not to leave the Congress. I went to the temple again and asked God if I could join the BJP. God agreed and told me to do whatever is best for you," Kamat told reporters.

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It was on February 4 this year that Congress leader Rahul Gandhi led a loyalty pledge of 37 election candidates of his party and three of the Goa Forward Party (GFP).

This was just ahead of the assembly elections in Goa on February 14. The candidates swore loyalty to their respective parties and pledged not to defect after being elected to the assembly.

Prior to that, the Congress candidates had been administered oaths at a temple, a church and a shrine on January 22.

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While the first vow was taken with God as a witness, the pledge of loyalty was on an affidavit in which they said that if elected to the legislative assembly from the Congress party in 2022, they will complete their five-year term as legislators of the Congress party according to the rules laid out in the Indian Constitution, pledge loyalty to the Congress party and serve the people honestly, absolutely not defect to another party, not resign as a legislator and join another party, and will not contest election from any other party.

That was over seven months ago. On September 14, eight of the 11 Congress legislators defected to the ruling BJP.

Apart from Kamat, the defectors included leader of Opposition Micheal Lobo, his wife Delilah Lobo, Kedar Naik, Rudolfo Fernandes, Aleixo Sequeira, Rajesh Phal Dessai, and Sankalp Amonkar.

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With eight in number, they smartly circumvented the anti-defection law that would have otherwise led to their disqualification as members of the legislative assembly. The anti-defection law is not applied to legislators if the two-thirds of the strength of a legislative party defect to another party.

It was like rubbing salt on the wounds of the voters who had elected them as Congress and not BJP candidates.

The defection is actually a betrayal not only with their party but with voters as well. To prevent such abuse of the mandate, a stringent anti-defection law is needed.

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Apart from huge monetary benefits, the legislators jump ship to save themselves from any tough action by the ruling dispensation. This has been the template for the past few years now.

Even in Goa, some of the Congress defectors such as Lobo were facing allegations of corruption against them. The state government had already initiated action against him.

Now, all that will stop and he will be given a safe shelter.

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The latest defections do not augur well for the Congress as these came barely few months ahead of the assembly elections in Gujarat and Himachal Pradesh, and also when its Bharat Jodo Yatra is going on in full swing.

The Aam Aadmi Party (AAP) has been attacking the Congress on the vulnerability of its legislators, insisting that a vote for the grand old party means a vote for the BJP.

AAP convenor and Delhi chief minister Arvind Kejriwal has been campaigning extensively against the Congress for frequent defections, asserting that his party legislators never switch loyalty despite being offered huge money and lucrative portfolios.

With an eye on Gujarat, the AAP has upped the ante against the BJP, accusing it of trying to overthrow its governments in Delhi and Punjab by inducing its legislators.

Kejriwal has maintained that the BJP has succeeded in breaking the Congress but failed in doing so with the AAP.

That said, the anti-defection law needs to be amended and make it more stringent to prevent horse-trading of lawmakers and resort politics.

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