What is the Tenth Schedule of the Indian Constitution?

This schedule was added byFifty-Secondecond Amendment Act, of 1985. This schedule lays down the following conditions for the disqualification of a person to be a member of the state legislature or Parliament. The conditions vary depending upon the fact that whether the person is nominated, independently elected, oa member of a political party. The conditions laid down in the 10th schedule are as follows:

Members of Political Parties

A member of a political party is disqualified on the grounds of defection due to the following reasons:

• if the person gives up the membership of the political party voluntarily.
• if the person abstains from voting or votes against the directions of his political party. Such an act of the person should not be condoned within 15 days.

Independently Elected Members

If an independently elected member joins any political party after his election to the house, then he/ she is considered to be disqualified under the 10th schedule.

Nominated Members

If a nominated person joins any political party after 6 months of his nomination to the house, then he/ she is considered to be disqualified on the grounds of defection.

The tenth Schedule has placed certain exceptions to these conditions for defection which are:

• A person shall not be disqualified on grounds of defection in the case of:
  • The merger of a political party with another party or split in a political party does not disqualify a member. This means that if 2/3rd of the members of a party agrees to join another party then a person is not disqualified under the 10th schedule.
  • If a person is elected as the presiding officer of the house and temporarily leaves the party to impart his duties as the presiding officer, then it is not considered defection.

Deciding Authority For Defection

The 10th schedule rests the power to decide upon the matter of defection and disqualification of a member with the presiding officer of the particular house. It is the speaker in the case of Lok Sabha and the Vice President of India or Chairman in the case of Rajya Sabha. It also made the decision of the presiding officer final and immune from judicial review, however, Supreme Court of India, in Kihoto Hollahan Case rule that the decision of presiding officer is subject to judicial review and can be challenged on the ground of malafide and perversity.

• 52nd CAA also made the provision that the presiding officer of the house can make rules to give effect to the provisions of the 10th schedule.
• The rules so made must be placed before the house for 30 days. The house may accept or reject the rules so made.
• The presiding officer can consider the disqualification of a member only if he receives a complaint from the members of the house.
• The person to be disqualified has to be given a chance for explanation.
• The presiding officer may also reject the disqualification if he feels that the defection was not voluntary but made under pressure.

The Fifty-Second Amendment Act provided specific provisions for the disqualification of the members of Parliament and state legislatures on the grounds of defection, that’s why the Fifty-Second Amendment is popularly called as Anti-Defection Law. During the tenure of Rajiv Gandhi’s government, the Parliament of India passed the Fifty-Second Constitution Amendment Act (52^nd CAA), in 1985. Anti-Defection Law prevented the defection by ministers from one party to another for certain political gains. In this article, we shall discuss the 52nd Amendment Act in detail.