• UGI USER
  • Jan 18, 2024
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UNDERSTANDING THE ‘TENTH SCHEDULE’

Why in the News?

  • The Maharashtra Assembly Speaker declined to disqualify 40 MLAs from the Eknath Shinde faction and 14 MLAs from the Uddhav Balasaheb Thackeray (UBT) group.
  • Recognition of the Shinde faction as the legitimate Shiv Sena and valid appointment of whip led to this decision.
Source: UGI

About Tenth Schedule or Anti-Defection Law :

  • Enacted as the Tenth Schedule in 1985 to curb defections among Members of Parliament (MPs)/Members of the Legislative Assembly (MLAs).
  • Aimed at stabilizing governments by discouraging party-hopping.
  • Legislative Addition:
  • Integrated into the Constitution via the 52nd Amendment Act, 1985.
  • Addresses disqualification of elected members for defection to another party.
  • Response to state government topples post-1967 general elections.
  • Group Dynamics :
  • Allows group MP/MLAs to merge with another party without individual penalty.
  • Doesn’t penalize parties for encouraging or accepting defections.
  • Amendments: Originally considered one-third defection as a ‘merger,’ changed to two-thirds by the 91st Constitutional Amendment Act, 2003.
  • Disqualification and Election Standing:
  • Disqualified members can contest elections from any party for a seat in the same House.
  • Decision on defection referred to the Chairman or Speaker, subject to judicial review.
  • No specified timeframe for presiding officers to decide on a defection case.
  • Grounds for Defection:
  • Voluntarily giving up party membership.
  • Voting against party directives without prior permission.
  • Independent elected members joining a political party.
  • Nominated members joining a political party after six months.