Tag:GS 2|| Polity||Political Dynamics|| Anti-defection law

Why in news?

SC upholds disqualification of 17 rebel Karnataka MLAs. But, The top court, allowed all the disqualified MLAs to contest in the upcoming by polls in Karnataka.

“We uphold the order of speaker of disqualification. But strike out the period of disqualification,” SC ruled.

The SC said that under the 10th schedule of the Constitution, the speaker “does not have the power to either indicate the period for which a person is disqualified, or bar someone from contesting elections

Background

In July, 17 MLAs of ruling coalition parties (INC, JDS) resigned to their posts, causing the fall of coalition government in the state.

Then Legislative assembly speaker had disqualified them and said they are not allowed to contest the election till the completion of present assembly term i.e till 2023.

These Seventeen disqualified Karnataka MLAs had filed petitions after former Karnataka Assembly Speaker K R Ramesh Kumar passed an order to disqualify them ahead of the trust vote in July.

Significance of the Judgement

It upheld the disqualification but allowed the disqualified MLAs to contest the upcoming by-elections. SC has missed an opportunity to set a precedent that might have helped to prevent the further defection.

Anti-defection

Defection from one party to the other has started in India from 1970s. In the later half of the 1960 Single party domination ended thus paving the way for Coalition era.

It was known as “Aaya Ram – Gaya Ram” where a MLA elected from one party use to Jump to the other party expecting plum post.

In order to curtain this Parliament brought the 52 nd Constitutional amendment act which provides for the disqualification of the Members of Parliament and the State Legislative Assembly (MLAs) on the grounds of defection from one party to other party.

Constitutional amendment act which provides for the disqualification of the grounds of defection from one party to other party. This amendment added the 10th schedule in the constitution.

10th Schedule

Disqualification : A Member of the house belonging to any political party becomes disqualified if

If he Voluntarily gives up his membership of such political party. If he votes or abstains from voting (in the House) contrary to any direction issued by his party and such act has not been condoned (accept) by the party within 15 days.

An independent member remains disqualified if he joins any political party after elections.

A Nominated member of the house becomes disqualified if he joins any political party after the six months from the date on which he takes seat in the house. ( He can join a political party within six months)

from the date on which he takes seat in the house. ( He can join a political party within six months) Exception: 1. 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 merger. 2. If a member after being elected as presiding officer (Speaker) of the house voluntarily gives up the membership of his party or rejoins it after he ceased to hold that office.

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 a member after being elected as presiding officer (Speaker) of the house voluntarily gives up the membership of his party or rejoins it after he ceased to hold that office. Authority to disqualify a defected member lies with the Presiding officer of the House. Originally the decision of the Presiding officer was final and can’t be questioned in the Supreme Court. But in Kihoto Hollohan case (1993) SC ruled that the decision of the Presiding officer can be questioned in the court of law.

Mains Question

“ 10th schedule alone is not effective in preventing defection” elucidate