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By:

Quaid Najmi

4 January 2025 at 3:26:24 pm

‘Now, political defections possible without losing seat’

The recent ‘experiments’ in Ambernath and Akot civic bodies have created a political storm. Renowned legal expert, Barrister Vinod Tiwari, President of Council for Protection of Rights (CPR), gives a perspective to the row while interacting with Quaid Najmi. Excerpts... What is the Anti-Defection Law under the Indian Constitution? The Anti-Defection Law is part of the Tenth Schedule of the Indian Constitution. It was introduced through the 52nd Constitutional Amendment in 1985. The main...

‘Now, political defections possible without losing seat’

The recent ‘experiments’ in Ambernath and Akot civic bodies have created a political storm. Renowned legal expert, Barrister Vinod Tiwari, President of Council for Protection of Rights (CPR), gives a perspective to the row while interacting with Quaid Najmi. Excerpts... What is the Anti-Defection Law under the Indian Constitution? The Anti-Defection Law is part of the Tenth Schedule of the Indian Constitution. It was introduced through the 52nd Constitutional Amendment in 1985. The main purpose is to stop elected representatives – MPs and MLAs - from switching political parties after elections for personal/political gain. It aims to ensure political stability, respect the mandate of voters, and prevent unethical political practices. Under this law, an elected representative can be disqualified if he/she voluntarily gives up the party membership or vote against their party’s official direction (whip). There are limited exceptions, like when two-thirds of a party’s members agree to merge with another party. The Speaker or Chairman decides disqualification cases, but their decisions can be reviewed by courts.   Is there a similar Anti-Defection law for local bodies in Maharashtra? Keeping in mind the spirit of the Tenth Schedule, Maharashtra enacted the Maharashtra Local Authority Members’ Disqualification Act, 1986 (enforced in 1987). It applies to Municipal Councils and other local bodies and was meant to stop the elected councillors from hopping across parties post-elections, and preserve the voters’ mandate at the local level.   Why is there so much unrest in the 2025-2026 civic bodies elections? The root cause lies in post-poll alliances, which have been made legally easier through amendments to Section 63 of the Maharashtra Municipal Councils Act, 1965. They allow political parties and/or councillors to form post-election fronts or groups. Over time, political parties have collectively and deliberately weakened the 1986 Disqualification Act, and it is now what I would call a “toothless tiger.” Hence, the strange and opportunistic post-elections alliances witnessed in Ambernath (Thane) and Akot (Akola), and some others after the December 20 municipal council elections.   How exactly was the Anti-Defection law diluted? It was through a quietly crafted amendment to Section 63 of the Municipal Councils Act, 1965, which was implemented after the 2016 local bodies elections, although the Disqualification Act remained on paper. It allows councillors and political parties - within one month of election results - to form a post-poll group or alliance, even if they contested elections separately. Once registered, this newly-formed group is treated as if it were a pre-poll alliance, and the Anti-Defection law applies only after that point. This effectively ‘legalised defections disguised as alliances’.   What were the repercussions? Another major blow came when the State Government amended the law to give itself appellate powers in Anti-Defection cases involving local bodies. Earlier, decisions were taken by Commissioners or Collectors. Now, any aggrieved councillor can appeal to the State Government, which becomes the final authority. This has given huge relief to defectors, especially when the ruling party controls the state government. Now elected representatives brazenly switch sides, aware they may not face serious consequences.   What is the long-term fallout of this trend? These amendments have made post-poll “marriages of convenience” the new political norm. The ruling party always has an unfair advantage, often forming governments without securing a clear electoral majority. This completely undermines democracy and voter trust, besides going contrary to the original purpose of the Anti-Defection Law.

Adieu, Sundance Kid

Robert Redford was an icon of American cinema whose political courage and dedication to independent storytelling left an indelible mark far beyond Hollywood.

Robert Redford, who has passed away aged 89, became synonymous with a particular vision of American cinema - part mythic, part critical and always deeply human. The iconic roles he essayed throughout his six-decade career as actor and later director was not merely a collection of iconic roles but a thoughtful exploration of the tensions between individual ambition, societal structures and moral responsibility.


Redford’s early work revealed a restless magnetism that hinted at the star he was destined to become. In Arthur Penn’s troubled ‘The Chase’ (1966), Redford, who shared screen space with Marlon Brando and Jane Fonda, played a young man caught in a simmering, violent small-town atmosphere. His intense performance signalled his emergence not just as an actor of promise, but a figure who could embody the shifting anxieties of a nation on the brink of change.


Stardom came with the revisionist Western ‘Butch Cassidy and the Sundance Kid’ (1969), where Redford’s on-screen chemistry with Paul Newman offered a study in effortless charisma. The film was a meditation on the inevitable obsolescence of the American frontier and the tragedy of chasing freedom in a world increasingly dominated by modernity.


Redford’s liberal political convictions came to the fore in the early 1970s, a period of growing public distrust toward American institutions reeling from the Watergate scandal. In the underrated ‘The Candidate’ (1972), Redford portrayed Bill McKay, an idealistic lawyer thrust into the cynical arena of electoral politics. The film’s prescience in anticipating the rise of image-driven campaigns and political spin remains eerily relevant to this day.


In Sydney Pollack’s taut and thrilling ‘Three Days of the Condor’ (1975), Redford portrayed a CIA analyst plunged into a deadly conspiracy, reflecting his growing preoccupation with government secrecy and individual morality in an era of Cold War paranoia.


His portrayal of journalist Bob Woodward in All the President’s Men (1976) was a critical turning point, both for Redford and American cinema. The film chronicled the dogged investigation into the Watergate scandal by Woodward and fellow Washington Post reporter Carl Bernstein (played memorably by Dustin Hoffman), becoming a visual shorthand for journalists around the world in their pursuit of speaking truth to power. It continues to be dutifully screened at journalism schools the world over.


Redford, for whom the film was a labour of love, gave a splendidly restrained performance, capturing both the cockiness and the meticulous patience of the classic investigative reporter piecing together a story that would shake the very foundations of American democracy.


Redford’s more mythic and romantic roles allowed him to explore the American character in all its contradictions. In the phenomenally successful ‘The Sting’ (1973), Redford, in what would become his only Oscar-nominated performance for Best Actor, played Johnny Hooker - a charismatic and clever small-time con artist who teams up (yet again) with Paul Newman to pull off an elaborate scheme against a ruthless crime boss (a scene-stealing Robert Shaw). The film was a masterclass in style and narrative misdirection, set against the backdrop of the Great Depression. Redford’s performance struck a delicate balance between charm and vulnerability, capturing the optimism and desperation of a man trying to outwit a corrupt system.

His turn as Jay Gatsby in F. Scott Fitzgerald’s ‘The Great Gatsby’ (1974) revealed Redford’s capacity for melancholy and introspection. As the enigmatic millionaire driven by unfulfilled longing, he perfectly evoked the hollow glitter of the Jazz Age and the tragic impossibility of recapturing the past.


Redford’s directorial efforts further demonstrated his nuanced understanding of human frailty. ‘Ordinary People’ (1980), his Oscar-winning directorial debut, was a quiet but devastating study of grief, guilt and family dysfunction.


Redford returned to acting with ‘The Natural’ (1984), essaying Roy Hobbs, a gifted but flawed baseball player whose quest for greatness mirrored the American dream’s promises and pitfalls. The film, suffused with a nostalgic longing for lost innocence, transformed baseball into a poetic metaphor for ambition, regret and redemption.


Beyond the films themselves, Redford’s contribution to cinema extended to his unwavering belief in the power of independent storytelling. The founding of the Sundance Institute and Sundance Film Festival was perhaps his most enduring legacy. Through Sundance, Redford created a space where bold, unconventional voices could flourish through films that interrogated society rather than merely entertained it.

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