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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.

Understanding Life and Death the Vedantic Way

In a world searching for meaning amid uncertainty, Vedanta reminds us that death is not an end, but a transition.

In Indian philosophy, life and death are not seen as absolute opposites locked in endless conflict. Vedantic thought understands them instead as rhythmic movements within a larger, balanced cosmic order, where creation and dissolution exist in harmony. Rooted in the Upanishads, elaborated in the Bhagavad Gita, and refined by generations of thinkers, Vedanta encourages us to view human existence not as a straight line from birth to extinction, but as a meaningful journey between manifestation and withdrawal, marked by continuity rather than finality.


At the core of Vedanta lies the concept of Atman, the eternal Self that transcends all physical limitations. While the body ages, weakens, and eventually perishes, the Self remains untouched by time and change. The Katha Upanishad affirms this enduring truth by declaring that the Self is unborn, undying, and eternal. Life and death, therefore, apply only to the physical and psychological dimensions subject to transformation. Death is a passage from one state of being to another, not an end.


This philosophical view challenges the modern tendency to see death as a disruption or even a failure of existence. Contemporary society, driven by speed, productivity, success, and the desire for permanence, often treats mortality as an unwelcome interruption to progress. Death is pushed out of sight, hidden behind euphemisms and hospital curtains, while youth and endless growth are relentlessly celebrated. Vedanta offers a different perspective: awareness of death does not diminish life; rather, it deepens and enriches it. By accepting impermanence, one learns to live with greater attentiveness, humility, gratitude, and compassion for both oneself and others.


The Bhagavad Gita offers one of the most powerful and enduring expressions of this understanding. Krishna reminds Arjuna that just as a person discards old clothes and puts on new ones, the Self sheds the worn-out body and takes on another. This metaphor gently softens the fear of death while still acknowledging its depth and seriousness. It suggests that change, not annihilation, governs existence at every level. Life flows naturally into death, and death, in turn, prepares the ground for renewal and new life.


Vedanta often explains this movement through images drawn from nature and everyday experience, making its ideas easier to grasp. Day gently shifts into night, wakefulness turns into sleep, and inhalation naturally leads to exhalation. The Mandukya Upanishad compares life and death to the states of waking, dreaming, and deep sleep, presenting them as part of a continuous cycle of consciousness. Death is akin to deep sleep—a temporary withdrawal from sensory experience—followed by another awakening into a different state of being. Such imagery does not romanticise death; rather, it makes it more comprehensible, easing the fear that arises from ignorance and uncertainty.


Importantly, Vedanta does not promote withdrawal from life or the glorification of death. Instead, it emphasises the ideal of jivanmukti—liberation while living, where inner freedom coexists with active participation in the world. A person who understands the temporary nature of the body and the continuity of the Self remains fully engaged with life, yet inwardly free and unburdened by fear. Duties are performed without excessive attachment, relationships are cherished without possessiveness, and suffering is faced with calm acceptance and emotional resilience.


In times of widespread anxiety—such as during pandemics, environmental crises, and violent conflict—the Vedantic view becomes especially relevant. It does not deny grief, but it prevents despair. It teaches that life and death are partners in a cosmic rhythm, not enemies in battle. This awareness encourages ethical living, as we recognise that every action leaves an imprint beyond a single lifetime.


Ultimately, Vedanta points beyond the oscillation itself. If life and death are always in motion, there must be a still centre. That centre is Brahman—unchanging, infinite consciousness. To glimpse this truth, even briefly, transforms one’s relationship with mortality. By realising that we are more than bodies bound by time, we learn to live wisely and to face death with dignity.


This insight underscores the enduring relevance of Indian Vedantic philosophy in a world searching for meaning amid uncertainty.


(The author has 44 books to his credit in English literature. Views personal.)

 

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