1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House.
2. The law does not provide any time frame within which the presiding officer has to decide a defection case.
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:
Defection: The term defection indicates revolt, dissent, and rebellion by a person or a party.
The anti-defection law deals with situations of defection in Parliament or state legislatures by
(a) members of a political party,
(b) independent members, and
(c) nominated members.
Traditionally, this phenomenon is known as ‘floor crossing’, originating in the British House of Commons, where a legislator changed his allegiance when he crossed the floor and moved from the Government to the Opposition side, or vice-versa.
The Constitution (Fifty-second Amendment) Bill, 1985 (Anti-defection Law) led to amendments in Articles 101, 102, 190, and 191 of the Constitution to provide the grounds for vacation of seats for the disqualification of the members and also inserted the Tenth Schedule.
The Act came into force on 1 March 1985.
| A Member could be disqualified: If he or she voluntarily gives up the membership of a political party or joins any other political party after the election(section 2(a)), votes or abstains from any crucial voting contrary to the directive circulated by his/her respective political party (section 2(b). A nominated member if he/she joins any political party after six months from the date he/she takes his seat (section 2(3)). If not less than two-thirds of the members of the legislature party have agreed to merge with another party, they are exempt from disqualification. The chairman or the Speaker of the House has absolute power to decide cases involving the disqualification of members on the grounds of defection. |
Hence, statement 1 is incorrect.
Wide power to the Speaker—Rule 6 of the Tenth Schedule has given wide and absolute power to the Chairman or the Speaker of the House in deciding cases pertaining to the disqualification of members on the grounds of defection. As per the Law, the Speaker’s decision is final, but there is no time limit for him to arrive at any decision. A party can move court, but only after the Speaker has announced his decision.
Scope of judicial review- Rule 7 bars the jurisdiction of the courts in respect of any matter connected with the disqualification of a member of a House, which means that it is outside the jurisdiction of all courts, including the Supreme Court, under Article 136 and High Courts under Article 226 and 227 of the Constitution to review the decisions made by the Speaker in this regard. The Supreme Court, in various judgments, has held that the law is valid in all respects except on the matter pertaining to judicial review, which was held to be unconstitutional. However, after several judicial pronouncements favouring the power of judicial review by the Courts, no amendment has been made in the Tenth Schedule in this regard.
Hence, statement 2 is correct.
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