Breaking down the 10th Schedule of the Indian Constitution
krishna murthy
Today we will talk about the anti-defection law in India, technically the 10th Schedule of the Indian Constitution
The 10th Schedule of the Indian Constitution popularly referred to as the ‘Anti-Defection Law’ is designed to prevent political defections prompted by the lure of office or material benefits or other like considerations.
The Anti-defection law was passed by Parliament in 1985 and reinforced in 2002
The 10th Schedule of the Indian Constitution was inserted by the 52nd Amendment (1985) to the Constitution
‘Defection’ has been defined as, “To abandon a position or association, often to join an opposing group”
The anti-defection law was enacted to ensure that a party member does not violate the mandate of the party and in case he does so, he will lose his membership of the House. The law applies to both Parliament and state assemblies.
The Anti-Defection Law aims to prevent MPs from switching political parties for any personal motive.
If an elected member gives up his membership of a political party voluntarily.
If he votes or abstains from voting in the House, contrary to any direction issued by his political party.
If any member who is independently elected joins any party.
If any nominated member joins any political party after the end of 6 months.
The decision on disqualification questions on the ground of defection is referred to the Speaker or the Chairman of the House, and his/her decision is final.
All proceedings in relation to disqualification under this Schedule are considered to be proceedings in Parliament or the Legislature of a state as is the case.
The amended act maintained that the a member disqualified due to defection should not hold any ministerial post or any other remunerative political post until the term of his office as a member expired
The 2003 amended act excluded the provisions from the Tenth Schedule for authorizing the defections arising out of splits.
The amended act also stipulated that the number of ministers in states and union territories should not exceed fifteen percent of the total number of members in the respective house.