Cross voting in Rajya Sabha

Cross voting in Rajya Sabha

News: Recently, Rajya Sabha elections in Uttar Pradesh, Himachal Pradesh, and Karnataka had witnessed instances of cross voting raising concerns on the sanctity of the election process.

What is Cross voting?
• Cross voting in the Rajya Sabha refers to a situation where members of a political party or alliance vote against the official party line or whip issued by their party leadership.
• Cross voting can happen due to various reasons, including ideological differences, personal beliefs, regional interests, or dissatisfaction with party leadership.
• It can have significant implications for the outcome of a vote, particularly if it affects the majority or minority status of a particular side on an issue.

Rajya Sabha and Cross voting
• Rajya Sabha Election Process: Article 80 of the Indian Constitution mandates that Rajya Sabha members are elected indirectly by state Legislative Assembly members. Elections are held only if the candidate count exceeds the number of vacancies in the Rajya Sabha.
• Historical Context: Until 1998, Rajya Sabha elections were predictable, with candidates getting elected unopposed based on party strength in the Assembly. The 1998 Rajya Sabha elections in Maharashtra saw cross-voting, which led to the defeat of a Congress candidate.
• Legislative Amendment: In 2003, an amendment to the Representation of the People Act, 1951, introduced open ballot voting, requiring MLAs to show their ballots to their party’s authorised agent.
• Tenth Schedule and Anti-Defection Law: The Tenth Schedule was added in 1985, introducing the antidefection law. Members may be disqualified for voluntarily giving up party membership or defying party voting instructions as directed by the party whip. However, the Election Commission clarified in 2017 that the Tenth Schedule’s disqualification provisions do not apply to Rajya Sabha voting, and parties cannot issue whips for these elections.
• Judicial Rulings: The open ballot system was upheld by the Supreme Court in Kuldip Nayar vs. Union of India (2006) for its potential to combat corruption. The court also ruled that MLAs voting against party lines in Rajya Sabha elections would not be disqualified under the Tenth Schedule but could face party discipline.