Tenth Schedule and Party Mergers: Understanding India's Anti-Defection Law
The article explains the Tenth Schedule of the Indian Constitution, introduced by the 52nd Amendment in 1985, to curb political defections. It disqualifies legislators who voluntarily give up party membership or vote against party instructions. Originally, it allowed exceptions for splits (one-third members) or mergers (two-thirds members). The 2003 amendment omitted the split provision, leading to instances where two-thirds of a legislature party defect but claim to be the original party or merge with another. The recent case of Trinamool Congress MPs merging with NCPI highlights ambiguities, especially regarding whether a legislature party can merge itself or if it requires the original political party's merger.
Key Points
- The Tenth Schedule, or anti-defection law, was introduced in 1985 to prevent political defections and ensure stability.
- It disqualifies legislators who leave their party or defy party directives in the House.
- The 2003 amendment removed the exception for party splits, making it harder for a faction to avoid disqualification.
- The merger provision (paragraph 4) allows a political party to merge with another if approved by two-thirds of its legislature party.
- Ambiguities persist regarding the interpretation of mergers and the impartiality of presiding officers in deciding disqualification cases.
Exam Facts
- Tenth Schedule introduced by: 52nd Constitutional Amendment in 1985.
- Paragraph 3 (split provision) omitted in: 2003.
- Paragraph 4: Deals with party mergers, requiring two-thirds approval of the legislature party.
- Supreme Court case mentioned: K. M. Singh case in 2020.
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