XTH SCHEDULE

The Tenth Schedule of the Constitution of India, commonly known as the “Anti-Defection Law,” was inserted by the 52nd Amendment Act of 1985. It aims to curb political defections by elected representatives and ensure stability within political parties and legislatures.

1. Background:

The Anti-Defection Law was introduced in response to frequent instances of political defections, which often led to government instability, horse-trading, and manipulation of the democratic process. The objective was to promote party discipline, uphold the integrity of the electoral mandate, and prevent elected representatives from switching parties for personal gain or political opportunism.

2. Key Provisions of the Tenth Schedule:

a. Definition of Defection (Article 2(1)):

• The Tenth Schedule defines defection as:
  1. An elected member of a House voluntarily giving up the membership of their political party, or
  2. Voting or abstaining from voting in the House contrary to any direction issued by their political party without obtaining prior permission.
• Defection also includes joining any political party after being elected as an independent candidate or as a member of another party.

b. Disqualification (Article 2(1)):

• Elected representatives who violate the provisions of the Tenth Schedule are subject to disqualification from holding office.
• 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.

c. Exceptions to Disqualification (Article 3):

• The Tenth Schedule provides certain exceptions where defection does not attract disqualification:
  1. If one-third or more members of a legislative party merge with another party, it does not constitute defection.
  2. Elected representatives are exempt from disqualification if they vote or abstain from voting in the House based on their personal conviction and not as per the party whip, subject to certain conditions.

3. Procedure for Disqualification:

a. Initiation of Proceedings:

• 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:

• There is no fixed deadline specified in the Tenth Schedule for the Speaker/Chairman to decide on disqualification petitions.
• However, the decision is expected to be made promptly to ensure the integrity of the legislative process.

4. Impact and Criticisms:

a. Impact on Party Discipline:

• The Anti-Defection Law has had a significant impact on promoting party discipline and reducing political defections.
• It has deterred elected representatives from switching parties and ensured a greater degree of stability in governments and legislative bodies.

b. Criticism and Challenges:

• Critics argue that the Anti-Defection Law has led to the centralization of power within political parties and weakened the role of individual legislators.
• There have been instances of misuse of the law by party leadership to coerce or manipulate elected representatives, stifling dissent and independent decision-making.

Conclusion:

The Tenth Schedule, or the Anti-Defection Law, is a crucial constitutional provision aimed at curbing political defections and promoting stability within political parties and legislatures. By defining defection, prescribing disqualification criteria, and establishing procedures for adjudicating defection cases, the law reinforces the principles of accountability, transparency, and party discipline in India’s parliamentary democracy. However, ongoing debates and discussions surrounding the law highlight the need for continuous evaluation and refinement to address its potential drawbacks and ensure its effective implementation in safeguarding the democratic ideals enshrined in the Constitution.