Disqualification Powers Of Speakers – Economics – Free PDF Download

CURRENT AFFAIR

• The Supreme Court has recently held that disqualification petitions under the tenth  schedule should be adjudicated by a  mechanism outside Parliament or Legislative

SC OBSERVATIONS

• The Court has suggested a permanent tribunal headed by a retired Supreme Court judge or a former High  Court Chief Justice as a new mechanism.
• This would require an amendment to the Constitution.
• However, for the present, the court said the Speakers should decide Tenth Schedule disqualifications within  a “reasonable period”. What is „reasonable‟ would  depend on the facts of each case.
• The Court held that unless there are “exceptional circumstances”, disqualification petitions under the Tenth Schedule should be decided by Speakers within  three months.

LOGIC

• The Supreme Court questioned why a Speaker, who is a member of a particular political party and an insider  in the House, should be the “sole and final arbiter” in  the disqualification of a political defector.
• For that matter, it asked why disqualification proceedings under the Tenth Schedule should be kept  in-house and not be given to an “outside” authority.
• It reasoned that even the final authority for removal of a judge is outside the judiciary and in Parliament.
• The Court held that only swift and impartial disqualification of defectors would give “real teeth” to the Tenth Schedule.

WHAT IS THE ANTI-DEFECTION LAW?

• Aaya Ram Gaya Ram was a phrase that became popular in Indian politics after a Haryana MLA Gaya Lal changed his  party thrice within the same day in 1967.
• The anti-defection law sought to prevent such political defections which may be due to reward of office or other  similar considerations.
• The Tenth Schedule was inserted in the Constitution in 1985.
• 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.
• A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or  disobeys the directives of the party leadership on a vote.

DISQUALIFICATION UNDER THE TENTH SCHEDULE

• The Anti-Defection Law was passed in 1985 through the 52nd amendment to the
• It added the Tenth Schedule to the Indian
• The main intent of the law was to combat “the evil of political defections”.

PROVISIONS

• 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.

EXCEPTIONS

• 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
• 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 WITH REGARD TO ANTI-DEFECTION LAW

• Any question regarding disqualification arising out of defection is to be decided by the  presiding officer of the House.
• Supreme Court has declared that the decision of the presiding officer is not final and can be  questioned in any court.
• It is subject to judicial review on the grounds of malafide, perversity, etc.

DOES THE ANTI-DEFECTION LAW AFFECT THE ABILITY OF LEGISLATORS TO MAKE DECISIONS?

• The anti-defection law seeks to provide a stable government by ensuring the legislators do not  switch sides.
• However, this law also restricts a legislator from voting in line with his conscience, judgement and  interests of his electorate.
• Such a situation impedes the oversight function of the legislature over the government, by ensuring  that members vote based on the decisions taken by  the party leadership, and not what their  constituents would like them to vote for.

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