Process of the Anti-Defection Law
The process begins with a petition to the Speaker or Chairman of the concerned legislative body, signed by at least one-third of the members of the party to which the member in question belongs.
The next step is carried out by the presiding officer, who is usually the speaker or the chairman. After examining the petition, the presiding officer decides on the matter. If they find merit in the charges of defection, the member is disqualified.
According to the provisions of the Tenth Schedule of the Constitution, the disqualified member can appeal to the President of India within 30 days. The President, acting on the advice of the Election Commission, makes the final decision.
Tenth Schedule of Indian Constitution – Anti Defection Law Note
The Tenth Schedule of the Indian Constitution was established through a law passed by the Constitution of India in 1985. This provision is stated in the 52nd Amendment of the Indian Constitution and is said to have introduced the term “political party” for the first time in the Constitution. The Tenth Schedule of the Indian Constitution plays an important role in the political framework of India. This schedule is commonly known as the Anti-Defection Law.
The Tenth Schedule of the Anti-Defection Law was enacted to establish stability in the operation of legislative bodies and reduce political defections. This amendment aimed to prevent party-switching among the elected members of a political party and protect the integrity of the election mandate.
Table of Content
- What is Defection?
- Provisions of the Tenth Schedule
- Process of the Anti-Defection Law
- Merits and Demerits of the Tenth Schedule of the Indian Constitution
- A Famous Case of Anti Defection Law – Aaya Ram, Gaya Ram
- Recent Developments to the Tenth Schedule of the Indian Constitution
- FAQs on the Tenth Schedule of the Indian Constitution