Law has to evolve to address the issues like poaching of legislators: SC

Supreme Court approved the decision of the Madhya Pradesh Governor of floor test in the State legislative assembly. While doing so, the Court observed that law has to evolve to address the issue like poaching of legislators.

SC in its 68-page judgment, defended the governor. 

Justices D Y Chandrachud and Hemant Gupta said, “The spectacle of rival political parties whisking away their political flock to safe destinations does little credit to the state of our democratic politics.”

The court said that it shouldn’t interfere in political matters. It said “It is best that courts maintain an arm‘s length from the sordid tales of political life. In defining constitutional principle, however, this Court must be conscious of the position on the ground as admitted by counsel of both sides and an effort has to be made to the extent possible to ensure that democratic values prevail.”

The Court said “It is an unfortunate reflection on the confidence which political parties held in their own constituents and a reflection of what happens in the real world of politics. Political bargaining, or horse-trading, as we noticed, is now at-repeated usage in legal precedents. ‘Poaching‘ is an expression which was bandied about on both sides of the debate in the present case”

The Court declined the plea which stated that the vote of confidence should be held only in the presence of the Director Generals of Police, Karnataka and Madhya Pradesh, in order to assure that there shall be no restriction or hindrance on any of the sixteen MLAs taking recourse to their rights and liberties as citizens. If anyone of them decides to attend the Legislative Assembly, accordingly arrangements for their safety shall be provided by all the concerned authorities.