Prelims – Indian Polity and Governance.
Mains – GS II | Significant provisions of Indian Constitution
Why in news?
The Supreme Court (SC) is considering whether the constitutional courts can set a timeline for the speaker to decide on disqualification petitions under the Tenth Schedule (Anti-defection law).
- Anti-defection law - Inserted in the Constitution in 1985 through 52nd amendment act as the Tenth schedule.
- Purpose - It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
- The law applies to both Parliament and state assemblies.
- Grounds of defection
- If he/she either voluntarily gives up the membership of his party.
- If he/she disobeys the directives of the party leadership on a vote. This implies that a legislator defying (abstaining or voting against) the party whip on any issue can lose his membership of the House.
- If a nominated member joins a political party after 6 months of being elected.
- If any independently elected member joins any political party.
- Exception - The law allows a party to merge with or into another party provided that at least two-thirds of its legislators are in favour of the merger.
- Time limit - The law does not specify a period for the Presiding Officer to decide on a disqualification plea.
- Judicial Review - The presiding officer's decision on the legitimacy of reasons for disqualification or defection is subject to judicial review.
Key supreme court judgements on anti-defection law
- Kihoto Hollohan vs Zachillhu (1992) - The SC ruled that the Speaker's decision was subject to judicial review on grounds of malafides, violation of constitutional mandate, non-compliance with principles of natural justice, etc.
- Keisham Meghachandra Singh vs. Speaker, Manipur Legislative Assembly (2020) - The Court held that the Speaker cannot employ delaying tactics and has to decide the disqualification petition within a reasonable period.
References
- The Hindu | Speakers to decide on defections
- PRS India | What is the anti-defection law?
