Tenth Schedule of Indian Constitution
The 10th Schedule of the Indian Constitution, also known as the Anti-Defection Law.
It was introduced in 1985 to prevent defections by elected members of the Parliament and State Legislatures.
It was a response to the growing problem of political instability caused by party hopping after the 1967 general elections.
10th Schedule lays down the following grounds for disqualification of an elected member:
Voluntarily giving up the membership of the political party on whose ticket he was elected.
Voting or abstaining from voting in the House contrary to any direction issued by the political party to which he belongs or by any person or authority authorized by it.
An independent member joining any political party after his election.
A nominated member joining any political party after the expiry of six months from the date on which he takes his seat in the House.
The Speaker or Chairman of the House is the sole authority to decide on whether an elected member has incurred disqualification under the Tenth Schedule.
The Chair’s decision is final and binding.
Judgments in SC dealt with the power under the Tenth Schedule
In Keisham Meghachandra singh versus Manipur Speaker 2020, a three – judge bench led by Justice R.F Nariman said Speakers should decide disqualification petitions within three months unless there are “exceptional circumstances”.
In Karnataka MLAs disqualification case, 2019, a three judge bench led by Justice N.V ramana had held that a speaker who cannot stay aloof from the pressures and wishes of his political party does not deserve to occupy his chair.
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