Editor,
The special article “The never-ending politics of defection in Meghalaya” by HH Mohrmen (ST August 26, 2024) made interesting reading. Recent cases in Indian politics like the one in Manipur and Madhya Pradesh in 2020, Maharashtra 2022 highlight the ongoing challenges with Anti-Defection Law. In the case of Manipur, the Supreme Court had to intervene, and the case highlighted the need for a more robust mechanism to handle defections. As for the case of three Congress MLAs in Meghalaya switching sides to the NPP recently, the Speaker has clarified that it is not a defection but a merger. These instances underscore the need for reforms in the Anti-Defection Law to prevent misuse and ensure political stability. Mohrmen’s call that “politicians should not be allowed to switch parties,” is laudable. One junior politician from Meghalaya (who is no more with us) narrated a story of two senior politicians (both of them who are no more with us) of Meghalaya who were arguing about the law. The senior politician who happened to be the first Cabinet Minister of Meghalaya in 1972 told his junior, “You do not know the law?”. The Junior politician who happened to be a law maker himself replied back and said, “I know that the law is an ass.” So, the argument between the two ended there. Going by the flaws and the loopholes of the Anti-Defection Law, enacted through the 52nd Amendment Act of 1985, which aims to prevent political defections and ensure stability in the government, the Act has several flaws and loopholes that can undermine its effectiveness. Here are some ways to address these issues:
1. The decision on disqualification due to defection is currently made by the Speaker or Chairman of the respective legislative body. To ensure impartiality, this power could be transferred to an independent tribunal or a judicial body.
2. The law should provide clearer definitions of what constitutes defection and establish unambiguous guidelines for its enforcement. This would reduce the scope for subjective interpretation and manipulation.
3. Introducing a mandatory time frame within which the presiding officer must decide on defection cases can prevent undue delays and ensure timely justice.
4. Extend the scope of the law which currently applies to elected members of Parliament and State Legislatures so as to include members of local bodies and councils in order further strengthen political stability at all levels.
5. The provisions related to splits and mergers of political parties can be exploited to circumvent the law. Revising these provisions to close loopholes and ensure they are not misused is essential.
6. Increasing public awareness about the Anti-Defection Law and ensuring transparency in its implementation can help in holding elected representatives accountable.
7. Period review and amendments to the law, based on evolving political dynamics and experiences, can help in keeping it relevant and effective.
By implementing these measures, the Anti- Defection Law can be made more robust and effective in curbing political defections and ensuring stable governance.
Yours etc;
VK Lyngdoh,
Shillong
Govt is to blame for train accidents, not loco pilots
Editor,
Assume the role of a detective to find out whodunnit. The enquiry report of the June 17 train accident between the Kanchenjunga Express and a goods train has come out in the open. Ten people were killed when the goods train rammed into the rear of the stationary Kanchenjunga Express near the Rangapani station on the outskirts of Siliguri. The loco-pilot of the goods train and two other railway employees had also lost their lives in the accident.
Janak Kumar Garg, Chief Commissioner of railway safety, prepared a 29-page enquiry report which was submitted to the Railway Board on July 12. He blamed “lapses at multiple levels in managing train operations under automatic signal failures” for the June 17 Kanchenjunga Express accident. He also highlighted the need for installing an anti-collision device, Kavach, to prevent such accidents.
After the accident, the railway authorities put the entire blame on the loco pilot of the goods train who died in the accident. Now, they owe an apology to the family members of the departed loco pilot. Also, they owe an apology to the public for rushing to conclusions.
On this, a trade union leader rightly said, “From the day of the accident, we have been saying blaming the loco pilot cannot be fair. The report of the CCRC proved that we were right. The railways should now focus on increasing the required infrastructure, including the installation of Kavach.”
A series of major train accidents happened in our country. The following are the clues to find out whodunnit.
Train Collision Avoidance System, which was later renamed as Kavach, is an automatic train protection system that helps prevent collisions if two trains are on the same tracks. Had it been in place, it would have saved the collisions between Kanchenjunga Express and the goods train. Senior railway officials said that a field trial was started for Kavach in 2016. But it has been installed only in less than 1,500 km of tracks out of the total 70,000 km covered by the Indian Railways across the country. That means this life saving device has so far been placed in only a little over 2 percent of railway tracks in eight years after its field trials!
Now, what is the reason? According to railway officials, the reason is high cost and technical challenges. What a joke! The cost is a factor when it comes to enhancing safety and saving human lives. But cost is not a factor for a glamorous bullet train project!
When we have speedier alternatives in air transport, there is no reason why Indian Railways must compete with airways. Railways cannot make their bullet ride a cheaper option than air travel. The government needs to make existing train journeys more punctual and safer instead of sweeping train safety under the carpet of Bullet and Vande Bharat trains. It is a pity that Kavach is yet to be installed in nearly 98 per cent of railway tracks.
An RTI reply says that of 1,27,644 sanctioned posts of loco pilots and assistant loco pilots, 18,766 – nearly 15 per cent – were vacant as of March 1 this year.
It is a dangerous practice to make train drivers do extra shifts. It is equally dangerous if there is a lack of manpower in the field of track inspections and maintenance.
Two things surprisingly coexist – a rise in unemployment and a fall in railway recruitment. All these factors put the life of a train passenger at stake. Finally, here is a bonus clue to find out whodunnit. In spite of being at the dismal 134th rank in the global human development index, India plans to land a man on the moon by 2040.
Yes, the failure to get our priorities right is the culprit.
Yours etc.,
Sujit De,
Kolkata