The Tenth Schedule of the Indian Constitution, also known as the Anti-Defection Law, along with the role of the Speaker, is a crucial topic for UPSC General Studies. Here are some key points:
- Objective: The Tenth Schedule was inserted into the Indian Constitution by the 52nd Amendment Act of 1985 to curb the evil of political defections motivated by the lure of office or other similar considerations.
- Provisions:
- The Tenth Schedule contains provisions regarding the disqualification of Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs) on grounds of defection.
- It lays down the process and circumstances under which a legislator can be disqualified for defecting from their original political party.
- Defection is defined as voluntarily giving up the membership of one’s party or voting against the whip issued by the party leadership.
- Disqualification Criteria: A member of a House (MP or MLA) can be disqualified on grounds of defection if they:
- Voluntarily give up the membership of their political party.
- Vote or abstain from voting in the House contrary to any direction issued by their party leadership without prior permission.
- If a member who has been elected as an independent candidate joins any political party after the election.
- Exceptions: There are certain circumstances under which defection does not attract disqualification. These include a split in the party, where at least one-third of the members decide to form a separate group and such members do not merge with another party.
- Role of the Speaker/Chairperson: The Speaker or Chairman of the House plays a crucial role in deciding defection cases. The Speaker has the authority to decide on disqualification petitions filed by members or political parties.
- The decision of the Speaker/Chairman is subject to judicial review.
- The Speaker acts as a quasi-judicial authority in these matters and must follow the principles of natural justice.
- However, the Speaker’s role has been criticized for being biased or politically influenced in some instances.
- Judicial Review: The decisions of the Speaker/Chairman regarding disqualification can be challenged in the High Court or the Supreme Court through a writ petition under Article 226 or Article 32 respectively.
Understanding the provisions of the Tenth Schedule and the role of the Speaker in anti-defection cases is essential for candidates preparing for the UPSC General Studies examination, as it is a significant aspect of India’s parliamentary democracy and constitutional framework.
