Anti-defection law: Tenth Schedule of the Constitution of India 1 Grounds of disqualification: 1) Tenth Schedule of the Constitution of India provides

that a member of Lok Sabha or Rajya Sabha or Le islative !ssembly of Le islative Council "hereafter referred as #Legislature$) is dis%ualified for bein a member of the &ouse if: "a) he voluntarily gives up the membership of the political party that ave him the ticket "#original political party$) to contest the election' (R "b) if he votes or abstains from votin in the &ouse contrary to any direction issued by the ori inal political party )ithout obtainin the prior permission of the ori inal political party and such votin has not been condoned by the ori inal political party )ith in fifteen days from the date of votin or abstention* +) Thus, a member of Le islature is bound to follo) the instructions of his ori inal political party in all matters that are put to vote in the &ouse and )ill be dis%ualified if he does not follo) these instructions* &o)ever, he )ill be saved from dis%ualification if his ori inal political party condones his action in violation of the direction )ithin fifteen days of votin * -) Thus, the dis%ualification under round "b) becomes effective only once a member has voted in the &ouse "and not before) but the dis%ualification under round "a) becomes effective as and )hen it is clear that the member has voluntarily iven up the membership of the ori inal political party* In the recent controversy surroundin the .eddiyurappa overnment "there have been %uite a fe) in the past / reference made here to the episode )herein a number of 012 le islators had met the overnor of 3arnataka and submitted a letter mentionin that they )ere )ithdra)in support from the overnment headed by 4r*.eddiyurappa) the 3arnataka &i h Court opined that the italici5ed phrase "voluntarily gives up) is broad enou h in scope to cover situations )herein a member of the ori inal political party claims "e6pressly or impliedly) that he )ill not vote in favour of the overnment led by the person )ho had been chosen by the ori inal political party as the Chief 4inister 7 this )ould lead to the inference of " ivin up the membership of the ori inal political party and) incurrin dis%ualification* 8) !lso, note that an independent member of Le islature becomes dis%ualified for bein a member of the &ouse if he joins any political party after election* 9) ! nominated member of Le islature becomes dis%ualified for bein a member of the &ouse if he joins any political party after si6 months from the date of takin oath as a member of the Le islature*
1

Tenth Schedule )as added to the Constitution of India by 9+nd !mendment in 1:;9 LST +<1< Replication or other unauthorised use of this material is prohibited by the copyri ht la)s of India*

=) The Chairman or the Speaker of the &ouse has been authori5ed to makes a decision on %uestions as to the dis%ualification of a member* E ception >) In a situation )herein the ori inal political party mer es )ith another political party "not less than t)o7thirds of the members of Le islature belon in to the ori inal political party a ree to such mer er) and a member of the ori inal political party joins the ne) roup "formed subse%uent to the mer er) or opts to function as a separate roup "old roup that may or may not maintain the identity of the older political party +)* 2lease note that prior to :1st !mendment of the Constitution of India "+<<-) a split in the ori inal political party )hereby one7thirds of the members of Le islature belon in to the ori inal political party may form a separate roup and this did not attract dis%ualification* &o)ever, subse%uent to the :1st amendment, this e6ception is no lon er available* -

;)

To illustrate, party !0C mer es )ith party ?.@* Ao), a member of the Le islature belon in to party !0C may "i) become a part of ?.@' or "ii) refuse to become a part of ?.@ and opt to function as member of !0C thereby keepin the identity of !0C alive' or "iii) refuse to become a part of ?.@ and opt to function as a separate roup by the name of BCD*
-

To illustrate, before this amendment came into force' 8 out of 1+ members "vi5* one7thirds) of Le islature "from the ori inal political party) could split from the ori inal political party "thereby formin a separate roup) and support another party )ithout incurrin dis%ualification* &o)ever, after the !mendment "in vie) of point no =) a separate roup constitutin one7thirds of the members of Le islature belon in to the ori inal political party can e6ist "and )ill not incur dis%ualification) only if a merger "as e6plained above) precedes the formation of the separate roup* LST +<1< Replication or other unauthorised use of this material is prohibited by the copyri ht la)s of India*