Tenth Schedule of Indian Constitution – Anti Defection Law Note

The Tenth Schedule of the Indian Constitution was established through a law passed by the Constitution of India in 1985. This provision is stated in the 52nd Amendment of the Indian Constitution and is said to have introduced the term “political party” for the first time in the Constitution. The Tenth Schedule of the Indian Constitution plays an important role in the political framework of India. This schedule is commonly known as the Anti-Defection Law.

The Tenth Schedule of the Anti-Defection Law was enacted to establish stability in the operation of legislative bodies and reduce political defections. This amendment aimed to prevent party-switching among the elected members of a political party and protect the integrity of the election mandate.

What is Defection?

Defection is when a political party member voluntarily removes himself or herself from having any allegiance to his or her political party membership. For instance, a party member may give up his party membership in one state in exchange for allegiance to another party in another state. This causes instability in governance and questions the defected candidate’s political loyalty.

Provisions of the Tenth Schedule

The provisions of the Tenth Schedule of the Indian Constitution involve the definition of defection, disqualification on grounds of defection, exceptions, rules, etc. These are stated as follows:

• Definition: The Tenth Schedule defines defection as voluntarily giving up the membership of a political party or violating any direction issued by the party leadership on a voting matter.
• Disqualification: If a legislator is found guilty of defection, they are subject to disqualification. This disqualification extends to both elected and nominated members of legislative bodies.
• Exception: The law provides certain exceptions to prevent disqualification in specific circumstances. For instance, if a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of the party, it does not amount to defection.
• Limitation on Court Jurisdiction: The Tenth Schedule of the Indian Constitution includes a provision that restricts the jurisdiction of courts in cases of member disqualification. However, it is essential to note that the Supreme Court of India, in the case of Kihoto Hollohon vs. Zachillu (1992), declared a specific paragraph of this provision unconstitutional. The court ruled that the decisions of the speaker or chairman, regarding disqualification, are subject to judicial review under Articles 32 and 226 of the Indian Constitution.
• Rule Framing for Disqualification: Paragraph 8 of the Tenth Schedule addresses the formulation of rules about the disqualification process. This provision empowers the Chairman and the Speaker to establish rules specific to their respective legislative houses for handling the disqualification of members. This allows for a tailored approach to managing disqualification matters within the diverse contexts of different legislative bodies.

Process of the Anti-Defection Law

The process begins with a petition to the Speaker or Chairman of the concerned legislative body, signed by at least one-third of the members of the party to which the member in question belongs.

The next step is carried out by the presiding officer, who is usually the speaker or the chairman. After examining the petition, the presiding officer decides on the matter. If they find merit in the charges of defection, the member is disqualified.

According to the provisions of the Tenth Schedule of the Constitution, the disqualified member can appeal to the President of India within 30 days. The President, acting on the advice of the Election Commission, makes the final decision.

Merits and Demerits of the Tenth Schedule of the Indian Constitution

The merits and demerits of Tenth Schedule of the Indian Constitution are as follows:

Merit of the Tenth Schedule

• Stability in Governance: The Tenth Schedule has played a crucial role in stabilizing governments by discouraging legislators from switching parties merely for personal gains. This has contributed to the continuity of policies and governance.
• Preservation of Mandate: The Anti-Defection Law preserves the integrity of the electoral mandate and strengthens democracy by preventing elected officials from betraying the party and the people who elected them.

Demerit of the Tenth Schedule

• Weakening of Independent Voices: Politicians who disagree with the Anti-Defection law may be discouraged from speaking out within their parties for fear of losing their seats if they do so.
• Misuse for Political Gains: There have been cases where political parties have exploited the law for their benefit, threatening disqualification as a means of repressing members rather than paying attention to their legitimate grievances.

A Famous Case of Anti Defection Law – Aaya Ram, Gaya Ram

“Aaya Ram Gaya Ram” is a phrase used in Indian politics to describe politicians who frequently switch political parties. It became popular after a Haryana legislator, Gaya Lal, changed parties three times in a single day in 1967. This incident highlighted the need for rules to prevent such quick changes, leading to the introduction of the Anti-Defection Law in 1985. The law aims to keep politicians loyal to their parties, ensure stable governments, and protect the democratic process. So, when people talk about “Aaya Ram Gaya Ram,” they are referring to the challenge of politicians switching parties too often.

Recent Developments to the Tenth Schedule of the Indian Constitution

• Since 1985, the Tenth Schedule of the Indian Constitution, or the anti-defection law, has gone through certain changes in its provisions. This can be seen through the 91st Amendment Act of 2003 and the 97th Act of 2011.
• The 91st Amendment Act (2003) introduced a provision allowing for the merger of political parties. Members who join the party as a result of a merger are exempt from disqualification.
• The 97th Amendment Act (2011) added a provision setting a time limit of three months for the presiding officers to decide on defection cases.

Conclusion

The Tenth Schedule of the Indian Constitution, commonly known as the Anti-Defection Law, stands as an important legislative tool. This provision is crucial for maintaining political stability and upholding the democratic principles of the Constitution of India. Although the Tenth Schedule has, to some extent, been successful in preventing corrupted practices of party switching, it has also faced criticism and challenges. In conclusion, the law discourages party-switching, which has an impact on political culture. Its efficacy and effect on democratic values, however, are still up for discussion.

FAQs on the Tenth Schedule of the Indian Constitution

1. What is included in the Constitution’s Tenth Schedule?

The Tenth Schedule aims to address the issue of political defections, promote stability in governments, and uphold the sanctity of the electoral mandate. It has undergone amendments to address practical challenges and ensure fairness in its application.

2. Which part of the amendment states the provisions of the Tenth Schedule?

The provisions of the Tenth Schedule of the Indian Constitution are primarily detailed in the 52nd Amendment Act of 1985. The Tenth Schedule, also known as the Anti-Defection Law.

3. What is stated in paragraph two of the tenth schedule of the Indian Constitution?

The second paragraph states the grounds on which the member could be disqualified in a case of defection. It also states the sentence where a party member can “voluntarily gives up the membership of such political party”

4. What is stated in the ‘Introduction’ section of the Tenth Schedule?

The introduction section of the Tenth Schedule reinstates the definition of defection. The later sections state the disqualification, exceptions, etc.

5. Who introduced the famous slogan “Aaya ram, Gaya ram”?

The famous slogan “Aaya Ram Gaya Ram” was introduced during a tumultuous period in Indian political history by a Haryana legislator named Gaya Lal. The phrase gained notoriety in 1967 when Gaya Lal, within a span of a few weeks, changed his political party three times.