Any question pertaining to the disqualification of a member of the Lok Sabha on the ground of defection is decided by:
The Speaker of the Lok Sabha
Understanding Disqualification due to Defection in Lok Sabha
The question asks about the authority responsible for deciding whether a member of the Lok Sabha should be disqualified on the grounds of defection. This is a crucial aspect of parliamentary democracy in India, aimed at preventing political horse-trading and instability caused by legislators switching parties.
The rules regarding disqualification on the ground of defection are primarily laid down in the Tenth Schedule of the Constitution of India, which is popularly known as the Anti-Defection Law. This schedule was added to the Constitution by the 52nd Amendment Act, 1985.
Deciding Authority for Lok Sabha Member Disqualification
According to the provisions of the Tenth Schedule, any question regarding the disqualification of a member of a House (either Parliament or a State Legislature) on the ground of defection is to be decided by the presiding officer of that House.
For the Lok Sabha, the presiding officer is the Speaker. Therefore, if a question arises whether a member of the Lok Sabha has incurred disqualification under the Anti-Defection Law, the decision rests with the Speaker of the Lok Sabha.
The Speaker acts as a tribunal in such cases. Initially, the decision of the Speaker was considered final and not subject to judicial review. However, the Supreme Court, in the landmark case of Kihoto Hollohan v. Zachillhu & Others (1992), ruled that the decision of the presiding officer under the Tenth Schedule is subject to judicial review on certain grounds, such as mala fide intent, perversity, or violation of principles of natural justice.
Analyzing the Options for Deciding Authority
- The President of India: The President is the head of the executive and a part of Parliament, but the Constitution assigns the power to decide defection disqualification cases for Lok Sabha members to the Speaker, not the President. The President decides disqualifications of members of Parliament under other grounds (like holding office of profit, unsound mind, etc.) based on the Election Commission's advice, but not specifically for defection.
- The Speaker of the Lok Sabha: As explained above, the Tenth Schedule explicitly vests the power to decide questions of disqualification on the ground of defection in the presiding officer of the House. For the Lok Sabha, this is the Speaker.
- The Supreme Court of India: The Supreme Court has the power of judicial review over the Speaker's decision, meaning it can examine the validity of the Speaker's order. However, the initial decision-making authority regarding disqualification due to defection for a Lok Sabha member lies with the Speaker, not the Supreme Court.
- The concerned Political Party: Political parties play a role in issuing whips and their actions might lead to a member's defection, but the power to disqualify a member on this ground is not with the party itself. The party can initiate the process by complaining to the Speaker, but the final decision rests with the Speaker.
Based on the constitutional provisions, the Speaker of the Lok Sabha is the designated authority to decide questions pertaining to the disqualification of a member of the Lok Sabha on the ground of defection.
Revision Table: Disqualification Authority
| Ground for Disqualification | Deciding Authority for Lok Sabha MP | Relevant Constitutional Provision |
|---|---|---|
| Defection (Switching Party, Voting against Whip, etc.) | Speaker of the Lok Sabha | Tenth Schedule |
| Other grounds (Office of profit, Unsound mind, etc.) | President (based on Election Commission advice) | Article 102(1) |
Additional Information on Anti-Defection Law
- The Anti-Defection Law was enacted to curb the problem of frequent floor-crossing by legislators, which was causing political instability.
- Grounds for disqualification under the Tenth Schedule include voluntarily giving up membership of the political party, voting or abstaining from voting contrary to party direction (whip), joining another party after election as an independent candidate, or a nominated member joining a political party after six months.
- The law provides for exceptions, such as merger of parties (when two-thirds of the members agree to merge).
- The Speaker, while deciding a defection case, is expected to act impartially.
- The Supreme Court judgment in the Kihoto Hollohan case clarified that while the Speaker is the primary deciding authority, their decision is subject to judicial review, ensuring a check on potential misuse of power.
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