Why in News : The Speaker of the Maharashtra Assembly refused to disqualify the MLAs
Why was the Tenth Schedule made?
- The defections of legislators during the 1960s and 70s from their parent parties created political instability in many States, bringing down elected governments.
- To ensure the stability of elected governments, the 52nd constitutional amendment introduced the ‘anti defection’ law through the Tenth Schedule in 1985.
Grounds of Disqualification
- This Schedule provides that a member of a House of Parliament or State legislature who voluntarily gives up the membership of their political party
- Votes against the instructions of their party in a House are liable for disqualification from said House.
- This instruction with respect to voting is issued by the ‘whip’ of a party.
Whip
- A ‘whip’ is a member of the ‘legislature party’ in a House who is appointed as such by the respective ‘political party’.
Political Party
- The ‘political party’ is the entire organisation of a party including the legislators,
Legislature Party
- the ‘legislature party’ is only the members of a political party in a House of Parliament or State legislature.
Exception from Disqualification
- The Tenth Schedule originally provided for two exceptions that would not render the members liable for disqualification.
- First, one third members of the ‘legislature party’ splitting to form a separate group (para 3).
- Second, merger of their ‘political party’ with another party that is approved by two third members of its ‘legislature party’ (para 4)
- considering the need to strengthen the ‘antidefection’ law, para 3 was omitted in 2003.
What are the issues involved? With the deletion of para 3,
- there have been instances of two third members of a legislature party ‘practically’ defecting but claiming to be the original political party in order to escape disqualification.
- There have also been instances where more than two third members of a State ‘legislature party’ of a national political party merged themselves with another political party to escape disqualification.
PYQ-2014 Q.Which one of the fallowing schedule of the constitution of india contains provisions regarding anti – Defection ? A.Second Schedule B.Fifth Schedule C.Eight Schedule D.Tenth Schedule Ans.D.Tenth Schedule |