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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.

Why are cinema writers marginalised in awards?

Updated: Oct 21, 2024

There is a need to promote and encourage the best writers who put light on the cinemas


Why are cinema writers marginalised in awards

The 70 th Annual National Awards for films, actors, music directors and technicians in 2022 were declared on August 16. The Awards are decided by a jury chosen carefully by the members of the Ministry of Information and Broadcasting on the basis of these members’ track record and experience in the film industry. There is a section on Feature Films in the national category and then there are Best Feature films in regional languages. There is also a section in non-fiction or documentary films classified into many sections which is very beneficial for relative newcomers and documentary filmmakers whose films are open only in film festivals.

There is one more category known as the Best Writing on Cinema. This is divided into two segments – The Best Book on Cinema and The Best Writing on Cinema with a separate expert jury. All Indian regional languages including English entries can be submitted by entrants. While the Best Book on Cinema is chosen from entries of entire books on cinema entered by authors, the Best Writing on Cinema is for a collection of published articles published with the byline of the journalists and clippings of the published articles during the year prior to the award. Best Writing on Indian Cinema in both sections are awarded with Swarna Kamal (Golden Lotus).

Though the National Awards for different sections of cinema began in 1954, the Writing awards began in 1981 at the 29th National Film Awards However, the media pays scant attention to the Best Writing Awards and as a result, many brilliant journalists and authors specializing in cinema do not send their entries for selection. The time-span between media announcement of entries and the last date is so marginal that many writers miss out on sending in their entries. Surprisingly, several filmmakers have bagged the National Award for the Best Writing on Cinema in the Best Books section. Among them are Adoor Gopalakrishnan (Cinemayude Lokam) in Malayalam in 1983, veteran actress Bhanumathi Ramakrishna (Naalo Nenu) in Telugu, noted actor Bharath Gopi for the book Abhinava Anibhavan in Malayalam in 1993.

The first award for journalistic articles in the same “Best Writing on Cinema” was begun in the year 1984 and the award went to Swapan Mullick who was then in an editorial position in The Statesman in Kolkata. The following year, the award went to the famous veteran writer, journalist and filmmaker Chidananda Dasgupta. Joshy Joseph, a national-award-winning filmmaker of documentary films, bagged this award in writing on cinema in 2010.

Very few eminent journalists have bagged these two awards under the Best Writing on Cinema mainly because it lacks publicity, media coverage and so on. Fewer journalists have bagged both the awards in this category – for the Best Book and for the Best Articles on Cinema in previous years. Among them is Manmohan Singh Chadda who won both awards for the Best Book on Cinema and for the Best Film Critic in Hindi. He still involves in research on cinema.

This writer is the only woman who has won both awards, the Best Articles in 1990 and for the Best Book on Cinema in English in 2002. This section demands more media coverage and a longer span for entry into the competition which has great jury members and the awards, as far as I know, is completely free of political interference.

(The writer is a film enthusiast. The views are personal.)

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