Tenth Schedule of the Indian Constitution, also called as the 'Anti-Defection Law' contains provisions relating to the disqualification of MPs and MLAs on the grounds of defection. It was added by 52nd Constitutional Amendment ,1985. This topic is an important part of UPSC Indian Polity Syllabus.

Historical Background

• In India, there were many defections in the late 1970s, which reflected an utter disregard for the voters' will who had elected those politicians.
• Furthermore, in 1967, a number of state governments collapsed as a result of "party-hopping" MLAs.
• The situation quickly got worse, and in the end, the Parliament unanimously agreed to appoint a committee under the chairmanship of Y.B. Chavan to look into and report on this increasingly serious issue.
• The Committee made recommendations, and the 32nd Constitutional Amendment Bill, which intended to bar defecting lawmakers from serving in ministerial positions, was subsequently filed to the Parliament.
• Then came the introduction of the 48th Constitution Amendment Bill, which was comparable to the previous one.
• Finally, the 52nd Constitutional Amendment Act, 1985, which is commonly referred to as the Anti-Defection law, was enacted by the Rajiv Gandhi government.

Important Provisions

• The Tenth Schedule to the Constitution was added by the Fifty-second Amendment Act 1985.
• The purpose of this amendment was to prevent political defections motivated by the lure of office or other similar considerations from jeopardizing the foundations of our democracy.
• The proposed remedy was to remove from office any member of either House of Parliament or the State Legislature who was found to have defected.
• The grounds for disqualification are specified in the Tenth Schedule (Paragraph 2).
  • Members of a political party: A Member of Parliament or a State Legislature may be disqualified on the following grounds:
    • When he voluntarily resigns from his party or disobeys the direction of the party leadership on the ballot.
    • When not voting / abstaining according to the party whip.
    • However, if the member has obtained prior permission from the party within 15 days of such voting or absence, the member will not be disqualified.
  • Independent Members: If a member is elected as an "Independent", he or she will be disqualified if they or join a political party.
  • Nominated Members: Nominated members who were not members of the party can choose to join the party within six months.
    • Joining a political party after 6 months will lead to their disqualification.
• The Constitution Bench of the Supreme Court in Kihoto Hollohan v Zachillhu and Others (1992) held that Speaker/Chairman while exercising powers and discharging functions under the Tenth Schedule act as Tribunal.
• According to Paragraph 6 of the Tenth Schedule, the order passed by the Speaker is final, but it can be subject to judicial review on four grounds:
  • mala fides, perversity, violation of constitutional mandate, and order passed in violation of natural justice.

Conclusion

The introduction of the Tenth Schedule in the Indian Constitution was aimed at curbing political defections. Though the law has succeeded in a reasonable way but due to some of its loopholes, it has not been able to achieve the best it can. Over the years the law has been examined by various committees and several recommendations have been given in their reports e.g. Dinesh Goswami committee report (1990), National Commission to review the working of the Constitution of India (2002), 255th report of the Law Commission of India (2015). The government should relook at these suggestions and make suitable amendments to the existing law to help it to develop to the best possible extent.

FAQs

MCQs

1. Which amendment introduced the Tenth Schedule to the Indian Constitution?

A) 44th Amendment
B) 42nd Amendment
C) 52nd Amendment
D) 61st Amendment

2. What is one of the main triggers for disqualification under the Tenth Schedule?

A) Switching constituencies
B) Voluntarily giving up party membership
C) Filing a lawsuit
D) Refusing government benefits

3. Which of the following members is exempt from disqualification under the Tenth Schedule?

A) A member voting against their party without permission
B) An independent member joining a party post-election
C) A member whose party merges with another party with two-thirds support
D) A member forming a new party unilaterally

4. Who decides on disqualification cases under the Tenth Schedule?

A) The President
B) The Chief Justice of India
C) The Speaker or Chairman
D) The Election Commission

5. Under what condition can a member be disqualified even if they haven't given up their party membership?

A) Absence from sessions
B) Voting/abstaining against party directives without approval
C) Criticizing the party publicly
D) Holding another office

GS Mains Questions and Model Answers

Q1: Analyze the importance of the Tenth Schedule in maintaining political stability in India. How does it impact the functioning of democracy?

Answer: The Tenth Schedule of the Indian Constitution, introduced by the 52nd Amendment Act, plays a vital role in maintaining political stability by preventing defection among legislators. It ensures that elected representatives remain loyal to their party's mandate, thus preserving the integrity of the legislature. By curbing opportunistic political shifts, the anti-defection law fosters party discipline and supports cohesive policy-making. However, the law also invites criticism for stifling dissent and reducing a legislator’s independence. The power vested in the Speaker or Chairman to decide on disqualification has raised concerns regarding potential bias, though the judiciary’s oversight serves as a corrective measure. Overall, while the Tenth Schedule strengthens democracy by mitigating instability, it must be balanced to avoid undermining democratic freedoms and constructive debate within legislative bodies.

Q2: What are the challenges associated with the implementation of the Tenth Schedule, and how can these be addressed to enhance its effectiveness?

Answer: The Tenth Schedule faces challenges such as delays in disqualification decisions and potential bias by the Speaker or Chairman due to their political affiliation. These issues compromise the objective application of anti-defection laws and can affect the impartiality of legislative procedures. Addressing these challenges requires a more transparent process and, possibly, an independent tribunal for deciding disqualification cases to mitigate biases. Judicial review acts as a safeguard, but timely interventions are necessary to maintain legislative integrity. Strengthening mechanisms for fair and quick decision-making can ensure that the Tenth Schedule remains a robust tool for maintaining political stability without hindering democratic principles.

Q3: Discuss the impact of the Tenth Schedule on the independence of legislators in India. Does it support or restrict their role in representing their constituencies?

Answer: The Tenth Schedule impacts the independence of legislators by enforcing strict party loyalty to prevent defection. While this promotes stability and coherence in policy-making, it can restrict a legislator’s ability to act in the best interest of their constituency if party directives conflict with public sentiment. The anti-defection law, therefore, creates a dilemma between upholding party discipline and maintaining the true spirit of representation. To balance this, reforms could include clearer provisions that differentiate between dissent and defection, allowing lawmakers to voice their opinions on critical issues without facing disqualification. Ensuring that the Tenth Schedule does not undermine the representative nature of democracy is essential for its successful implementation.

Previous Year Questions on the Tenth Schedule

1. UPSC CSE Prelims 2021:

Question: Which of the following authorities is responsible for deciding on disqualification cases under the Tenth Schedule?

A) The President
B) The Election Commission
C) The Speaker or Chairman
D) The Chief Justice of India

Answer: (C)

Explanation: The authority responsible for deciding on disqualification cases under the Tenth Schedule is the Speaker of the House or the Chairman of the Council, depending on the legislature. However, their decisions can be subject to judicial review.

2. UPSC CSE Mains 2020 (GS Paper 2):

Question: "Evaluate the effectiveness of the Tenth Schedule in curbing political defections while preserving the democratic values of debate and dissent. Discuss the role of the judiciary in this context."

Answer: The Tenth Schedule has been effective in curbing political defections, thereby promoting political stability and discipline within legislative bodies. However, it has also faced criticism for stifling legitimate dissent, as legislators may be constrained to vote in line with party directives, even when they disagree. The judiciary plays a crucial role in upholding democratic values by reviewing cases of disqualification to prevent arbitrary decisions by the Speaker or Chairman. Judicial oversight ensures that anti-defection laws are implemented fairly, balancing the need for party discipline with the protection of legislators’ rights to represent their constituencies. Enhancing procedural transparency and setting clear guidelines for differentiating dissent from defection could strengthen the Tenth Schedule’s role in supporting democracy.

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