- Recently, the Supreme Court(SC) has refused Rajasthan Assembly Speaker’s plea to stop the State’s High Court from deciding the validity of the anti-defection
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Disqualification under the Tenth Schedule
- The Anti-Defection Law was passed in 1985 through the 52nd amendment to the Constitution. It added the Tenth Schedule to the Indian Constitution. The main intent of the law was to combat “the evil of political defections”.
- According to it, a member of a House belonging to any political party becomes disqualified for being a member of the House, if:
- He voluntarily gives up his membership of such political party; or
- He votes or abstains from voting in such House contrary to any direction issued by his political party without obtaining prior permission of such party and such act has not been condoned by the party within 15 days.
- If a member goes out of his party as a result of a merger of the party with another party. A merger takes place when two-thirds of the members of the party have agreed to such a merger.
- If a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office. This exemption has been provided in view of the dignity and impartiality of the office.
Powers of Speaker
- Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House.
Source: TH & IE