ANTI DEFECTION LAW - TENTH SCHEDULE OF THE
Автор: UPSC Paathashaala
Загружено: 2024-03-08
Просмотров: 224
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The Tenth Schedule of the Indian Constitution: An In-depth Analysis
The Tenth Schedule, also known as the Anti-Defection Law, is a significant part of the Indian Constitution. It was introduced by the 52nd Amendment Act in 1985. The primary purpose of this law is to establish stability in the operation of legislative bodies and reduce political defections.
Provisions of the Tenth Schedule
The Tenth Schedule lays down the process by which legislators may be disqualified on grounds of defection. The provisions under the Anti-Defection Law are as follows:
Grounds for disqualification: An elected member can be disqualified if they voluntarily give up their membership of a political party or if they vote or abstain from voting in the House, contrary to any direction issued by their political party. An elected member who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if they join any political party after such election1. A nominated member of a House shall be disqualified for being a member of the House if they join any political party after the expiry of six months from the date on which they take their seat after complying with the requirements of article 99 or, as the case may be, article 1881.
Role of the Speaker: The decision on disqualification questions on the ground of defection is referred to the Speaker or the Chairman of the House, and their decision is final.
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