UPSC H TS ANTI DEFECTION LAW/10 TH SCHEDULE OF THE CONSTITUTION Present day Mind Map context/Relevance Global experience 1 What is a 14 2 Schedule? 13 What is meant 3 Recommendations by Defection? a. Who is a defector? 12 4 Reforms required in Relation between Anti-Defection Laws. Schedule 10th& Anti-defection Law 11 Challenges of 5 Historical anti defection law. Background a. Schedule 10th 10 Evolution of Limitation on scope of 6 anti-defection enquiry of the speaker law 9 8 Role of Courts- a. Bar on 7 What is the law of Jurisdiction. b. Powers of Court. Issues Associated Anti-Defection? c. Grounds for review of the with the a. Disqualifications. decision of Speaker Defections- Need of b. Exceptions. law. c. Anti Defection Provisions in the constitution. d. Powers to disqualify. Telegram -https://t.me/ChangeIASPrelims website- www.changeias.com 120-4299141, 9773881981, 6201494386 Youtube: https://www.youtube.com/c/CHANGEIAS Mail us: [email protected] UPSC H TS Introduction: Why in News? • The Janata Dal-United received a major jolt in Arunachal Pradesh, with six of its seven MLAs shifting allegiance to the ruling BJP • Sitting MLAs in the Manipur government defected to the opposition creating instability in the state's polity. • 19 rebel MLAs of Rajasthan's ruling party (Congress) have filed a petition before the High Court challenging the disqualification notices issued to them by the Assembly Speaker under Anti Defection Law. • BahujanSamaj Party (BSP) has issued a whip in Rajasthan Assembly and asked all its six Member of Legislative Assemblies (MLAs) to vote against Indian National Congress (INC) government on floor test. What are schedules of the Indian Constitution? • Schedules are basically tables which contains additional details not mentioned in the articles. • Like a book contains appendices to explain things and provide extra info, the constitution contains various schedules. • Lengthy document and hence, not included in the original text of constitution but are very much part of the constitution. • Originally they were 8 in number, now they are 12. Definition of defection Defection is defined as “to abandon a position or association, often to join an opposing group” which essentially describes a situation when a member of a particular party abandons his loyalty towards that party and provide his support (in the form of his vote or otherwise) to another party. Who is a Defector? A defector is basically a person in politics who gives up his own political party and join other alliance for benefit. This term is also applied, often pejoratively, to anyone who switches loyalty to another religion, sports team, political party, or other rival faction. In that sense, the defector is often considered a traitor by his original side. Terms used in common parlance/Associated with Defection 1.Crossing the floor. 2.Horse Trading 3.Aaya Ram Gaya Ram Politics Traditionally, this phenomenon is • Culture of ‘Aaya Ram Gaya Ram’, in which known as 'floor crossing' which legislators used to had its origin in the British House change parties frequently, was of Commons where a legislator witnessed in the Indian polity. changed his allegiance when he • Aaya Ram Gaya Ram was a phrase that crossed the floor and moved from became popular in Indian politics after a t h e G o v e r n m e n t t o t h e Haryana MLA Gaya Lal changed his party thrice within the same day in 1967. opposition side, or viceversa. • The anti-defection law sought to prevent such political defections which may be due to reward of office or other similar considerations. Relation between Schedule 10th& Anti-defection Law • 52nd Constitutional Amendment bill in 1985 brought in in the name of ‘Anti-Defection Bill’ inserted 10th Schedule in the Constitution. • Amended Articles 101, 102, 190 and 191 of the Constitution regarding vacation of seats and disqualification from membership of Parliament and State legislatures • These provisions provide for the disqualification of Member Parliaments under Article 102(2) and Member Legislative Assembly under Article 191(2). Under these Articles of the Constitution, the legislators can be disqualified if they are disqualified under the 10th schedule. Historical Facts Schedule 10 • By Constitution 35th Amendment Bill on 22nd February, 1975 a Tenth Schedule was added in the constitution. This amendment act was called Constitution (Thirty-fifth Amendment) Act, 1974. Also, a new article 2A was inserted after article 2 of thE constitution of India. Sikkim to be associated with the Union. Telegram -https://t.me/ChangeIASPrelims website- www.changeias.com 120-4299141, 9773881981, 6201494386 Youtube: https://www.youtube.com/c/CHANGEIAS Mail us: [email protected] UPSC H TS • 16 May 1975, Sikkim officially became the 22nd state of the Indian Union through Constitution 36th Amendment Act and the monarchy was abolished. • The Article 2A, which was added by 35th amendment act was repealed by this 36th amendment act and Schedule 10 was also omitted. • The Constitution (Fifty-second Amendment) Bill, 1985 again added a New 10th Schedule which was related to Anti Defection Law. Evolution of anti defection Law? 1. The genesis of the endeavours towards bringing forward a legislation in India for curbing the malaise of defections can be traced to Fourth Lok Sabha, When Shri P. Venkatasubbaiah's resolution in Lok Sabha was under discussion, the propriety of legislators changing their allegiance from one party to another and their frequent crossing of the floor and its effect on the growth of Parliamentary democracy was actively deliberated upon in the Presiding Officers' Conference held in New Delhi on 14 and 15 October 1967. 2. A Committee on Defections, as mentioned earlier, was set up by the Government under the chairmanship of the then Union Home Minister, Shri Y.B. Chavan. Recommended- a) no person who was not a member of the lower House should be appointed as Minister/Chief Minister. • In 1967, some sixteen states had b) Constitutional amendment in this regard gone to polls. without affecting the existing incumbents in office. • The Congress lost majority in them and was able to form c) a defector should be debarred for one year or till government only in one state. such time he resigned his seat and got re-elected, from appointment to the office of a • Beginning of coalition era in Minister, Speaker, Deputy Speaker or any post carrying salary and allowances to be paid India. This election also set off a from the Consolidated Fund of the Union or the States or from the funds of the large scale defections. Government Undertakings. • Between 1967 to 1971, some d) a Committee of the representatives of the parties in Parliament and State Assemblies 142 MPs and over 1900 MLAs be constituted to draw up a code of conduct for the political parties with particular migrated their political parties. reference to the problem of defections and to observe its implementation by • Governments of many states, discussions among themselves. beginning from Haryana, 3. The Constitution (Thirty-second Amendment) Bill, 1973 collapsed. The defectors were awarded with plum ministries in a) disqualification of a member from continuing as a member of either House of the governments. Parliament • issue was not - if he voluntarily gave up membership of his political party which sponsored him as a addressed immediately. candidate at elections It took further 17 years - r if he without Genesis of the Law 1 prior permission voted or abstained from voting to pass the anti- in the House contraiy to any direction issued by the political party to which he belonged. defection law in 1985 - such person shall not be disqualified if he voluntarily gave up his membership of such a political party by reason of a split therein. - The Bill did not apply to members of unrecognized political parties, independents and nominated members. 4. The Constitution (Forty-eighth Amendment) Bill. 1978 I. Independent and nominated members were allowed to join political parties after election only once. ii. A member belonging to a political party would be disqualified if he voluntarily gave up the membership of the political party to which he belonged or he was expelled from the party for voting against party direction without prior permission subject to expulsion within 30 days from such voting. iii. In case one-fourth of the members of legislature party or where the strength was less than 20, not less than five members formed a new political party and such party had been recognized by the Presiding 8 Anti-Defection Law in India and the Commonwealth Officer or registered with the Election Comnission, the members of the new political party would not be disqualified. iv. The Bill applied to the members of those political parties only, which were registered with the Election Commission or recognized by the Presiding Officer. Telegram -https://t.me/ChangeIASPrelims website- www.changeias.com 120-4299141, 9773881981, 6201494386 Youtube: https://www.youtube.com/c/CHANGEIAS Mail us: [email protected] UPSC H TS What is the anti-defection law? • 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. • The decision on question as to disqualification on ground of defection is referred to the Chairman or the Speaker of such House, and his/her decision is final. • The law applies to both Parliament and State Assemblies. Disqualifications 1. Voluntarily gives up the membership of his political party, or 2. Votes, or does not vote in the legislature, contrary to the directions of their political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.