The disqualification of elected representatives under the Anti-Defection Law occurs when they violate the provisions outlined in the Tenth Schedule of the Constitution of India. The Tenth Schedule, commonly known as the Anti-Defection Law, was inserted into the Constitution through the 52nd Amendment Act of 1985. It specifies the circumstances under which defection will attract disqualification.
1. Article 2(1) of the Tenth Schedule:
a. Definition of Defection:
- Article 2(1) of the Tenth Schedule defines defection as an elected member of a House belonging to any political party:
- Voluntarily gives up the membership of their political party, or
- Votes or abstains from voting in the House contrary to any direction issued by their political party without obtaining prior permission.
b. Grounds for Disqualification:
- Elected representatives can be disqualified if they violate the provisions outlined in Article 2(1) of the Tenth Schedule.
- Disqualification occurs when an elected member engages in actions such as voluntarily giving up party membership or defying the party whip on a vote without permission.
2. Process of Disqualification:
a. Petition for Disqualification:
- Disqualification proceedings are initiated based on a petition filed by the concerned political party or any other member of the House.
- The petition is submitted to the Speaker of the Lok Sabha (House of the People) or the Chairman of the Rajya Sabha (Council of States), as applicable.
b. Decision by Presiding Officer:
- The Speaker/Chairman acts as the quasi-judicial authority responsible for adjudicating defection cases.
- They examine the evidence presented in the petition, hear arguments from both sides, and make a decision on whether the elected member should be disqualified.
c. Timeframe for Decision:
- The Speaker/Chairman is required to decide on the disqualification petition within a reasonable timeframe.
- There is no fixed deadline specified in the Tenth Schedule, but the decision is expected to be made promptly to ensure the integrity of the legislative process.
3. Exceptions to Disqualification:
a. Merger of Political Parties:
- Article 2(1)(b) of the Tenth Schedule provides an exception to disqualification in cases where one-third or more members of a legislative party merge with another party.
- Such mergers are not considered defection and do not attract disqualification.
b. Exercise of Free Vote:
- Article 2(1)(a) of the Tenth Schedule exempts elected representatives from disqualification if they vote or abstain from voting in the House based on their personal conviction and not as per the party whip.
- However, this exemption is subject to certain conditions, including obtaining prior permission from the party leadership.
Conclusion:
The disqualification of elected representatives under the Anti-Defection Law is a crucial mechanism for upholding party discipline and preserving the integrity of the democratic process. Article 2(1) of the Tenth Schedule of the Constitution of India outlines the grounds for disqualification, including voluntary defection and disobedience of party directives. By providing a framework for initiating disqualification proceedings and adjudicating defection cases, the Anti-Defection Law reinforces the principles of accountability, transparency, and party unity in India’s parliamentary democracy.
