#212: 10th Schedule | Anti-Defection Law
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Aaya Ram, Gaya Ram..
80s politics was dominated by money & muscle.
Defection was default of Indian politics,
Voter mandate meant nothing something had to be done!
This something is now a must know for #UPSC
Yes, this is about anti-defection; about tenth schedule
What does it do?
• Punishes legislators for leaving one party for another
• Aimed to stabilize working governments
• Added 10th schedule by 52nd AA 1985
But is that hard line?
How did Uddhav Thackrey lose his Govt. despite 10th Schedule?
Well, there's a thin line here:
The legislators can defect:
• 1/3rd members defecting = merger
• 91st CAA 2003 changed this to 2/3 (u/ PM Vajpayee)
The word here now is about who decides
• Speaker/Chairman decides the disqualification
• This decision is subject to Judicial Review
..but time to decide on this is undefined
Okay, so who can be disqualified?
• Nominated member joining any party after 6 months of nomination
• Independent member joining any political party
• Elected member resigning from party
• Vote against the party whip line
What happened in Maharashtra?
2/3 members did defect but to escape merger,
claimed to be 'original' party
Issues
• Encourages horse trading
• Wholesale defection legitimized
• Undermines Representative & Parliamentary Democracy
Importantly,
• Role of Speaker
The game here is of the deciding authority
As Speaker decides has final word, it is hard to expect neutrality
What can be solution?
• SC in KM Singh Case 2020
"This power shall be vested in independent tribunal headed by judges"
• EC suggested to make it the deciding authority
• Some arguments came for President/Governor to be deciding authority
Reforms?
a) SC in Sadiq Ali Case (1971)
3 test formula
• Aims & Objectives of the party
• Majority in legislative & organization wings
• Affairs as per party's constitution reflecting inner party democracy
b) Institutionalize internal democracy through intra-elections u/ EC
c) Bring parties u/ RTI Act
These are your short notes for 10th Schedule of Constitution