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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.

When the Princess Left Her Fortress…

Updated: Jan 2, 2025

Princess Left Her Fortress

I recently saw a movie, it had this dialogue “teenage girls are psychopaths” and maybe it is right, maybe we are a generation full of messed up kids trying to survive in this deathly jungle we’ve created for ourselves. And this survival gets harder when you’re a 16-year-old that moves into a city way bigger than their own, to ‘step into the world’ with rosy dreams and rosy expectations. I am one of those 16-year-olds, who with very romanticised notions, very naively decided to step into the ‘City of Dreams’: Mumbai.


Mumbai, is probably 10 times the size of my not very humble, but very little town. Moving to Mumbai was my dream since 1st grade, and when that dream manifested, I was on Cloud 9. I thought my life would be perfect, I’d have the perfect group of friends, I’d go to fancy parties, I’d do lots of events in college, I’d be known, I’d be in my ‘Academic Beast’ ‘It Girl’ era and what not; but reality is pretty far from any of that. Back in my town, I was the top of the hierarchy, the Perfect Girl, centre of attention, the Lovely Queen; after moving to Mumbai, my life of the last 13yrs came crashing down on me. I became this introverted, invisible person; the friends’ group or lots of parties definitely did not happen, neither did the academic beast and It girl era.


I came to realise that Mumbai, no matter how pretty, beautiful and picture-worthy, is very harsh and extremely tough. No matter how much anyone says ‘Mumbai embraces all’, the ‘All’ still do feel left out to some extent, when everyone around you is this confident Mumbai Kid and you’re this awkward girl from out of town who knows nothing about the city, its people or its ‘culture’, who’s trying to push through this humongous crowd that’s, without trying very hard, swallowing you down; but standing here, watching this city move past me, I wonder Does Mumbai really not bother about anyone Or Is it just not willing to let you in?


But there’s still something to hang on to, somewhere to belong, isn’t there? When you go back home and you have friends there; Spoiler Alert: you don’t. When I went back home for my first holiday, I realised I didn’t belong there anymore, now I was the Mumbai Girl; 13yrs lost and forgotten, within 3 months. That’s when it hit ‘I’m all alone now’ neither do I belong in Mumbai, neither do I back at home. Trust me, I have never felt more lost in my life.


I’m the kind of people who thrive on attention and external validation, to have that very thing taken from me was very hard to live with. So, I chose to cope by holding on, holding on how? Well, simple tactic, making an indirect statement saying “you excluded me, but I belong in places better than you” how I did that? I held onto my past self, my actions were based on how pretty, fun and ‘happening’ my life was to look on Instagram. I did have fun, not that I didn’t, but most of it was for the eyes of the world and not my own satisfaction [it still is that way, I haven’t gotten any better yet].


Then came my midterms, and I wasn’t as great as I thought I’d be and my extracurriculars weren’t anything major either. That made me realise that I was like any other kid around me here, unlike when I was back home, always the different one, the one that stood out, and suddenly I didn’t anymore, I was ordinary. The realisation hit me, right in the face, hard and strong, that in this huge ocean, I was no whale or shark, just another little fish in the Shoal. My future suddenly became scary, thinking about college and university became terrifying and I just wanted to avoid it all, simply run away [I still do, sometimes] And now, I’m a mess.


But not all of it was bad honestly, Mumbai taught me a lot of things, it humbled me and it helped see: within myself and so many things about myself that I never really knew and were suddenly crystal clear in front of my eyes, as if a very loud noise had been shut down and I could hear clearly again. Back at home, I had this persona designated to me: ‘The Perfect Girl’ and suddenly I didn’t have to be anyone anymore, it was harder that way honestly, to not have a script to follow anymore. I had to discover myself and who I truly was for the first time Ever; I think that’s what I’m doing now, getting to know myself beyond who I was 6 months ago.


Things aren’t any better right now, I don’t think they will be for very long and sometimes moving here may seem like the biggest mistake I’ve ever made, but I wouldn’t want it any other way. So, this new year I have one resolution: I’m going to find who I am, a new persona, a new person, not defined by her past self, past life and this Social Jungle of teenagers she’s surviving in. This new year will be of rediscovery. So, here’s to 2025 and to all of us, whose lives changed because they stepped into the big, bad world out there; let us all be proud of ourselves as this year ends, because leaving our homes and lives behind is not easy and we lived that down: The Shift, the way it hit our egos and shattered our sense of belonging, but we didn’t run away, we strived through it and are surviving to see the light of day.


So, A Very Happy New Year People.


(The author is a student of St. Xavier College, Mumbai.)

1 Comment


Jayaram Kousik .
Jayaram Kousik .
Jun 12, 2025

Great write, yes Mumbai is a jungle and you have to fund your true bearings and none towards your destination

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