Anti-Defection Law and Speaker Role in UPSC Prelims – Prelims Specific

Introduction

The Tenth Schedule, added by the 52nd Constitutional Amendment Act, 1985, is a vital constitutional provision aimed at curbing political defections. It remains a recurring theme in UPSC Prelims due to its intersection with parliamentary democracy, the office of the Speaker, and the scope of judicial intervention.

Why in News?

• The Tamil Nadu Assembly Speaker has initiated disqualification proceedings against certain MLAs.
• This has reignited the debate on the Speaker's role as a quasi-judicial authority and the procedural requirements for disqualification under the Tenth Schedule.

Static Link

• The Tenth Schedule pertains to the disqualification of members on the grounds of defection.
• It applies to both Parliament and State Legislatures.
• UPSC often tests the distinction between voluntary resignation from a party, voting against the party whip, and the immunities granted for mergers.
• The debate around the Speaker's neutrality versus their role as a member of a political party is a classic static-current linkage.

Institutional Link

• Office of the Speaker: Acts as a quasi-judicial body for deciding disqualification cases.
• Supreme Court of India: Through the Kihoto Hollohan v. Zachillhu (1992) judgment, the SC held that the Speaker’s decision is subject to judicial review.

Core Prelims Facts

• 52nd Amendment Act (1985): Introduced the Tenth Schedule.
• 91st Amendment Act (2003): Stipulated that two-thirds of the members of a legislative party must support a merger for it to be protected. It also removed the 'split' provision.
• Nominated Members: A nominated member is disqualified if they join a political party after the expiry of six months from the date they take their seat.
• Judicial Review: Courts can intervene only after the Speaker has passed an order, and the scope is restricted to constitutional infirmities.

Important Terms and Concepts

• Party Whip: A directive issued by a party to its members to vote in a particular manner. Defying this can lead to disqualification.
• Quasi-judicial: A power exercised by an administrative body (like the Speaker) that resembles a judicial proceeding, involving evidence and findings of fact.
• Floor-crossing: Moving from one political party to another, often to gain or retain power.

Bodies / Organisations / Institutions

• Speaker of the Legislative Assembly/Lok Sabha: The primary authority for disqualification proceedings under the Tenth Schedule.
• Supreme Court: The constitutional court that defines the limits of the Speaker's powers.

Schemes / Laws / Reports / Conventions

• Tenth Schedule: The primary constitutional text governing defection.
• Kihoto Hollohan Judgment (1992): Established the judicial review mandate over the Speaker's decision.

Possible UPSC Prelims Traps

• Absolute Power: Traps often imply the Speaker's decision is final and non-justiciable. Remember: It is subject to judicial review post-order.
• Time Limits: The Constitution does not specify a fixed timeline for the Speaker to decide on disqualification petitions.
• Merger vs. Split: The 91st Amendment abolished the 'split' provision; only a 'merger' of two-thirds of the party is protected.
• Membership Status: Disqualification does not apply to a Presiding Officer if they resign from their party.

One-Minute Revision Notes

• Tenth Schedule: Added by 52nd Amendment, 1985.
• Judicial Review: Applicable to Speaker's decision (Kihoto Hollohan case).
• 91st Amendment: Required two-thirds majority for merger; split provision removed.
• Nominated Member: Can join a party within 6 months; thereafter, it leads to disqualification.
• Speaker's discretion: Subject to principles of natural justice and judicial scrutiny.

Practice MCQ for Prelims

1. Consider the following statements regarding the Tenth Schedule of the Constitution:

1. The decision of the Speaker regarding disqualification is final and cannot be challenged in any court of law.

2. A nominated member of a house is disqualified if they join a political party after six months of taking their seat.

Which of the statements given above is/are correct?

A) 1 only

B) 2 only

C) Both 1 and 2

D) Neither 1 nor 2

Answer: B

Explanation: Statement 1 is incorrect because the Supreme Court in the Kihoto Hollohan case held that the Speaker’s decision is subject to judicial review. Statement 2 is correct as per the provisions of the Tenth Schedule.