Constitutional Basis

The Tenth Schedule of the Constitution contains provisions related to disqualification of legislators on grounds of defection. It was inserted by the 52nd Constitutional Amendment Act, 1985 to address the problem of political defections and instability in governments.

It was later strengthened by the 91st Constitutional Amendment Act, 2003.

Objective

• Prevent unethical political defections
• Ensure stability of governments
• Maintain party discipline in legislatures
• Uphold the mandate given by voters

Grounds for Disqualification

A member of Parliament or State Legislature can be disqualified if:

Voluntarily giving up membership of a political party
This includes not only formal resignation but also conduct indicating abandonment of party loyalty.

Voting or abstaining against party direction
If a member votes or abstains contrary to the party whip without prior permission and the party does not condone it within a specified period.

Independent Members
An independent legislator is disqualified if they join a political party after election.

Nominated Members
A nominated member is disqualified if they join a political party after six months from the date of nomination.

Exceptions

Merger Provision

• Disqualification does not apply if:
  • A political party merges with another, and
  • At least two-thirds of the members of the legislature party agree to the merger

Split Provision Removed

• Earlier, one-third split was allowed
• Removed by the 91st Amendment (2003) to curb misuse

Authority to Decide

• The Speaker (Lok Sabha) or Chairman (Rajya Sabha/Legislative Council) decides on disqualification
• Their decision is subject to judicial review (as held in the Kihoto Hollohan case, 1992)

Procedure

• A petition is filed regarding defection
• Presiding Officer examines evidence and gives a ruling
• Decision can be challenged in courts

Significance

• Promotes political stability
• Discourages opportunistic party-switching
• Strengthens party-based parliamentary democracy

Issues and Criticism

• Decision-making power of Speaker raises concerns about bias and delay
• Restricts legislative independence and freedom of expression
• Used sometimes for political control rather than ethical governance
• No strict time limit for deciding defection cases

Recent Concerns

• Increasing instances of delayed decisions by Speakers
• Judicial intervention in defection cases
• Debate on shifting decision-making power to an independent tribunal or Election Commission

Conclusion

The Tenth Schedule plays a crucial role in maintaining political stability and party discipline in India’s parliamentary system. However, reforms are needed to ensure timely, impartial, and transparent adjudication, balancing party discipline with democratic freedom.